Customer Support

HON. CLEMENT APAAK
V.
GHANA REVENUE AUTHORITY

(2018) JELR 63988 (HC)

High Court 31 Jul 2018 Ghana
BriefBot icon

BriefBot Summary

Free

- The case revolves around the interpretation of the Revenue Administration Act, 2016, specifically Section 100(1), which allows the Commissioner-General to issue practice notes for the administration of tax laws. - The Commissioner-Genera

Case Details

Suit Number:Suit No. CM/TAX/0448/2017
Judges:JENNIFER DODOO (MRS)
Counsel:DR. DOMINIC AYINE ,C. ODARTEY LAMPTEY

DODOO (MRS), J.

It is provided for in Section 100(1) of the Revenue Administration Act, 2016 as follows:

To achieve consistency in the administration of tax laws and to provide guidance to persons affected by the tax laws, including tax officers, the Commissioner-General may issue practice notes setting out the interpretation placed on provisions of a tax law by the Commissioner-General.

So it came to pass that in consonance with Section 100(1), the Commissioner-General of the Defendant Authority issued Practice Note Number IDT/2017/001 on 23rd June 2017.

Aggrieved by the provisions contained in the Practice Note, the Plaintiff claimed against the Defendant the following reliefs:

a. A declaration that the Defendant’s purported act of extending the coverage of the VFRS to importers of taxable goods through the aforesaid Practice Note is unlawful.

b. A declaration that by subjecting importers to both the VFRS and the standard rate of VAT whilst at the same time barring the said importers from…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.