CRITICAL ANALYSIS OF THE POWERS OF THE TAX APPEAL TRIBUNAL UNDER THE FEDERAL INLAND REVENUE SERVICE ACT

CRITICAL ANALYSIS OF THE POWERS OF THE TAX APPEAL TRIBUNAL UNDER THE FEDERAL INLAND REVENUE SERVICE ACT, 2007 IN THE SETTLEMENT OF TAX DISPUTES IN NIGERIA

The importance of taxation to any Nation of the World cannot be overemphasized. It is a fact that there is a paradigm shift among the developed and developing economies from reliance on oil revenue to taxation due to the uncertainty of sale in the International market.1 In Nigeria today, the federal government is trying to open all other sectors of the economy especially the Manufacturing and the Agricultural sectors in other to boost the revenue profile of the economy. It is worthy of note that taxation remains a veritable instrument for National Development. It has been the major source of revenue for government in providing socio-amenities and infrastructure such as roads, pipe borne water, schools, rail way, electricity to mention a few. The government has also used taxation as an instrument of fiscal policy in the redistribution of wealth and stimulation of economic growth by creating jobs2.

Historically, after the Nigerian civil war, indigenous and foreign businesses began to thrive, disputes arising from taxation began to increase, thus prompting the Federal government to create the Federal Revenue Court3as a specialized court to address issues bothering on the Revenue of the Federation. Shortly thereafter, the court was restyled as Federal High Court by Section 230(2) of the Constitution of the Federal Republic of Nigeria,1979.The enlargement of the jurisdiction of this court to accommodate other subject matters though within the exclusive list stalled the quick resettlement of tax dispute.As a result, this work appraises the Tax Appeal Tribunal(TAT) as a child of necessity which seeks to complement the efforts of the Federal High Court.

Considering the enlarged jurisdiction of the court as provided by Section 251 of the Constitution of the Federal Republic of Nigeria,1999 (As amended) in entertaining and adjudicating on both civil and criminal matters, the court has continued to suffer congestion of caseswhich has slowed down the wheel of justice with respect to quick disposal of tax cases. Therefore, the Tax Appeal Tribunal(TAT) has been established to fill the vacuum created by the Federal High Court which has led to the loss of government revenue.

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Moreover, with the formulation of the National Tax Policy of Nigeria, emphasis is now placed on an efficient tax system that encourages a formidable tax dispute resolution system. Mindful of the economic importance of taxation, the Federal government, created the Tax Appeal Tribunal (TAT) through the Act of the National Assembly to entertain tax disputes and resolve them amicably using practice directives similar to that used by the court of law in other to ensure fairness and equity.For this reason, the Tax Appeal Tribunal (TAT) came into existence through the Federal Inland Revenue Service (FIRS) Establishment Act,2007 and the Tax Appeal Tribunal (Establishment) Order,2009.Section 59 (1) of the FIRS(Establishment)Act, 2007 provides for the establishment of the Tax Appeal Tribunal (TAT) as a dispute resolution Agency for all tax matters within the jurisdiction of the Federal Government with respect to taxes collected by the Federal Government as contained in the exclusive list of the Constitution of the Federal Republic of Nigeria, 1999(As amended).

TOPIC: CRITICAL ANALYSIS OF THE POWERS OF THE TAX APPEAL TRIBUNAL UNDER THE FEDERAL INLAND REVENUE SERVICE ACT

Chapters: 1 - 5
Delivery: Email

Number of Pages: 70

Price: 3000 NGN

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