Double Taxation: Tribunal fixes May 14 for definite hearing in suit filed against FIRS

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FIRS

By Edith Nwapi

Abuja – )The Tax Appeal Tribunal sitting in Abuja, on Wednesday, fixed May 14 for definite hearing in a suit filed by a company, “M FIFTEEN” Consultants against the Federal Inland Revenue Service (FIRS).

The company also dragged the FIRS, before the Tax Appeal Tribunal sitting in Abuja over alleged double taxation.

Also joined in the suit are the Independent Electoral Commission ( INEC) and the Nigeria Police.

The company, said it was dissatisfied with the FIRS assessments of it’s Tax Liability.

The tribunal presided over by Mrs Alice Iriogbe, adjourned after the appellant counsel, Mr Chike Adaka informed the tribunal that his witness took ill and could not be in court.

The counsel to FIRS Mr Ade Ogunmola told the tribunal that while the respondent sympathises with the appellant ‘s witness but objected to what he called ‘sheer display of unseriousness of the appellant

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Ogunmola, the counsel ought to have notified both the court and the respondent and there was no medical report against that before the tribunal.

He further told the tribunal that in view of that he would ask for a cost of N50, 000 which the tribunal rejected saying that it does not award costs for now.

NAN reports that the company specifically said that it was dissatisfied with an intent letter by the FIRS imposing a tax liability of N14. 662 million on it without due consideration of all the material and available facts.

The company further stated that the N7. 9 million captured as part of the tax liability have already been deducted at source by the FIRS and the police from the contract sum of the appellant.

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The company argued that it would amount to double taxation if FIRS expected the appellant to pay same again.

It therefore sought the order of the tribunal to declare as null and void, the intent letter by FIRS dated April 7, 2014 .

The company also sought an order of the tribunal directing INEC and the Police to show evidence of remittances to FIRS of the sums deducted from the payments made by the appellant in respect of contract executed.

The appellant also asked the tribunal to direct that ,credit should be given to the appellant in respect of the tax deductions made on payments due to it from the INEC and the Police totaling N7. 9 million.

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The company further sought an order directing FIRS to issue it a tax clearance certificate which was withheld for the 2006 to 2011 year of assessment.

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