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ACCESS BANK PLC
V.
EDO STATE BOARD OF INTERNAL REVENUE

(2018) JELR 39356 (CA)

Court of Appeal 16 Mar 2018 Nigeria
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- This case involves an appeal against a ruling of the High Court of Justice in Edo State, Nigeria. - The ruling granted an order of distrain against the properties of the appellant (a commercial bank) in favor of the respondent (the tax au

Case Details

Suit Number:CA/B/333/2015
Judges:JIMI OLUKAYODE BADA Justice of The Court of Appeal of Nigeria SAMUEL CHUKWUDUMEBI OSEJI Justice of The Court of Appeal of Nigeria MUDASHIRU NASIRU ONIYANGI Justice of The Court of Appeal of Nigeria
Counsel:Dr. J.O. Odion with him, Mrs. M.E. Otoide For Appellant Lilian Giwa-Amu Asst. Director Ministry of Justice, Edo State For Respondent

SAMUEL CHUKWUDUMEBI OSEJI, JCA(Delivering the Leading Judgment): This appeal is against the Ruling of the High Court of Justice, Edo State sitting in Benin and delivered on the 21st day of July, 2015, wherein upon an application ex-parte by the Respondent the said Court granted an order of distrain against the properties of the Appellant and in favour of the Respondent based on the claim that the Appellant was liable to pay to the Respondent, the total sum of ₦42,184,790.16k being outstanding arrears on withholding tax on interest accrued therefrom.

The facts of the case as can be gleaned from the record is that the Appellant which is a commercial bank and carries on business in Nigeria including Edo State received a Demand Notice from the Respondent requesting the Appellant to pay the total sum of ₦122,093,955.14 as withholding tax on interest for the period 2007 to 2012.

The Appellant then engaged the services of a tax consultant who upon a review, found the amount demanded as unaccep…

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