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| Willie Obiano. |
The United Bank For Africa, UBA today, defeated an arm of the Anambra state Government, the Anambra State Internal Revenue Service, AiRS, in the bank’s appeal seeking to nullify the N473,315,327 Withholding Tax, WHT, remittance to the state government issued to the bank in 2018.
AiRS had issued assessment and
demand notice on the UBA asking the bank to remit the above mentioned amount as
Withholding Tax remittance liability for 2015, 2016 and 2017 tax years.
The state tax agency equally
refused to amend the tax assessment as demanded by the bank, but rather issued
the bank a notice of refusal to amend the assessment, insisting that the bank
paid the sum as it demanded.
UBA had in 2019 approached the
Tax Appeal Tribunal where it among other reliefs, asked the tribunal to
invalidate the assessment for arbitrariness and lack of legal support
The bank also prayed the tribunal to set aside the demand and amendment refusal notices, arguing that it was not liable to deduct and remit to the amounts the tax set out therein.
Delivering judgment on the appeal
in Enugu, the Tax Tribunal panel headed by Chukwuemeka Eze granted two out of
the four prayers sought by the bank and struck out the other two reliefs which
the tribunal said were not necessary.
The reliefs struck out by the
Tribunal included a prayer asking that the AiRS did not have the power to
impose penalty and interest on the WHT remittance until the amounts became
final and conclusive; and an order seeking the AiRS to review its demand
notice and amendment refusal notice.
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