The Lagos division of the Tax Appeal Tribunal has ordered MTN Nigeria Communications to pay the Federal Inland Revenue Services (FIRS) $72,551,059 million tax
The five-person panel led by Professor Abubakar Hamed, however, declined to impose penalties and interest on the principal sum of $21,039,807 million on the telecommunication firm as requested by FIRS.
FIRS consequently reviewed the MTN’s tax and accounting records and upheld the OAGF’s alleged tax liability. Although the principal amount of tax alleged to be outstanding and due from the Appellant in the revised assessment, i.e. $47, 776, 210 million, is less than the alleged principal tax liability contained in the first assessment, i.e., $72,551,059 million, the interest and penalty imposed by the FIRS on the alleged primary tax liability in the revised estimate, i.e. $87.
Upon reviewing all the processes filed by the parties, the tribunal distilled five issues for determination: “Whether given the clear and unequivocal provisions of the VAT Act before the amendment by the Finance Acts, the condition of software licensing and upgrades qualified as a taxable supply of goods and services.
While counsel to MTN urged the tribunal to determine the issues in its favour, FIRS counsel, who includes Abu Ocheme, Director Legal FIRS, Egodi Adedeji and Moses Ideho, urged the court to dismiss the MTN’s appeal and determined the issues raised in FIRS’s favour.
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