Ashaka Cement files suit against FIRS
A manufacturing company, Ashaka Cement Plc, has filed a suit against the Federal Inland Revenue Service (FIRS) before the Tax Appeal Tribunal, North West Zone sitting in Kaduna over a N1.38 billion tax dispute.
The suit is before Bashir Albasu. Other members of the panel are Eberechi Adele (SAN), Joshua Waklek, Khadeeja Halilu and Dr. Olumhense Imoisili. In its statement of claim, the company faulted the tax assessment made by the FIRS and urged the tribunal to review the decision. It alleged that in December 2014, the respondent (FIRS) commenced a Tax Audit Exercise on the Appellant with respect to the year 2013.
“Subsequent to the exercise, the respondent issued an invitation/demand notice dated December 2, 2014 on the appellant, assessing unpaid tax liabilities which the appellant representatives attended on December15, 2014.
“The invitation/demand notice contained the breakdown of the assessment made by the Respondent. “The Appellant received the said letter on the Dec.4, 2014.
The Appellant responded to the said notice by an objection letter dated Dec.22,2014 and served on the Respondent on Dec.29,2014,” Ashaka Cement said. According to the company, the service of the objection letter was preceded by a reconciliation meeting held between the appellant’s representatives and the respondent’s representatives on December 15, 2014.
It said vital issues contained in the Respondent’s notice were discussed and ironed out. Ashaka Cement argued that the grounds of objection raised in its notice was a reflection of issues raised, canvassed and agreed upon at the reconciliation meeting.
It noted that the company assessed its tax liability on technical fees based on estimate only and all supporting documents were attached in form of Appendixes 1-12.
However, in a related development, hearing in the tax dispute between the Kaduna State Board of Internal Revenue and Ahmadu Bello University Zaria, with respect to unremitted personal income tax of over N6 billion has commenced before the Tribunal.
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