Ratio Decidendi



ACCESS BANK LTD
V.
MARKET DIRECT AND OTHERS

(2018) JELR 63866 (HC)    
High Court  ·  SUIT NO. CM/0048/16 ·  21 May 2018 ·  Ghana
CORAM
GEORGE K. KOOMSON JUSTICE OF THE HIGH COURT

Ratio Decidendi

Core Terms Beta
section
case
court
debt
gra
secured debt
subsection
warehouse
application
demand notice
ghana revenue authority
penalty
receivers
retroactive effect
revenue administration act
said demand notice
tax
case of the gra
combined effect of section
commencement date of the law
considered opinion
court of law
debonding of the warehouse
debts of the tax payer
declaratory order
duty
effect of this act
first place
further order
income tax act
instant proceedings
issues
mere mentioning of duties
next issue
opinion
payment
plot no.
preceding paragraph
proceeds of the sale of assets
receiver
said exhibit gra
secured debts
subject-matter of sale
tax debt of the company
thoughtful consideration
total duties
unpaid value added tax
white elephant

KOOMSON J.

In this application the Receivers/Managers/Applicants pray the Court for a declaratory Order that the Revenue Administration Act, 2016 (Act 915) is not applicable to a secured debt which has a proceeding on it pending in a court of law and for a further order debonding the warehouse of the 4th Defendant which has been the subject-matter of sale during the Receivership period.

I have read the application and supporting affidavit. I have further read the affidavit in opposition and the supplementary affidavit in opposition. Regard has been given to the oral submissions made by both Counsel for and against the motion. I have given thoughtful consideration to Section 110(5) and 111 of the Revenue Administration Act, 2016 (Act 915) and Section 46(7) of the Income Tax Act, 2015 (Act 896).

It is however useful for me to place emphasis on the Section 46(7) of the 7th Schedule of Act 896 which provides:

“Subparagraph (6) does not apply to secured debt”

The preceding paragraph 6 had stat…

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