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THE COMMISSIONER-GENERAL AND THE ATTORNEY-GENERAL

(2017) JELR 67289 (HC)

High Court 21 Dec 2017 Ghana
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- The case is an appeal against a tax assessment made by the Respondent against the Appellant, a limited liability company. - The Appellant's four grounds of appeal include the Commissioner-General's alleged error in basing his assessment

Case Details

Suit Number:Suit No. TAX/01/15
Judges:JENNIFER DODOO (MRS)
Counsel:S. K. AMOAH (WITH WILLIAM DEMITIA AND NANA AMA PANYIN AMOAH) FOR THE APPELLANT,ODARTEY LAMPTEY (WITH ANATU BOGOBIRI) FOR 1ST RESPONDENT NO APPEARANCE FOR 2ND RESPONDENT

DODOO (MRS) J

Tax Assessment: Whether or not there was a wrong use of discretion

There are only two certainties in life: Death and Taxes! There is no escape from either of these variables. The inscription on the IRS building in Washington reads:

“TAXES ARE WHAT WE PAY FOR A CIVILIZED SOCIETY”

The 1st Respondent is the body responsible for tax administration. Apart from filing processes at the inception of this appeal, the 2nd Respondent did not participate in the appeal. The whole appeal was therefore determined with the active participation of the Appellant a limited liability company and taxpayer and 1st Respondent alone.

This is an Appeal against the tax assessment made by the Respondent against the Applicant. The Applicant listed 7 grounds of appeal namely:

1. The Commissioner-General erred in basing his assessment on false and inaccurate figures said to have been received by the Ministry of Health.
2. In arriving at his assessment, the Commissioner-General erred having regard to the dis…

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