The Tax Appeal Tribunal on Tuesday adjourned until July 17, hearing in the suit filed by Joseph Daudu, SAN, challenging alleged N1.2 billion error in taxation.
Mr Daudu (appellant) said he was dissatisfied with Federal Inland revenue Service (FIRS) assessments of his Withholding Tax (WHT), Personal Income Tax and Value Added Tax (VAT) for the period from 2010 to 2017.
Specifically, he expressed dissatisfaction with the decision to assess him with respect to WHT and VAT in the sum of N 1. 2 billion.
He prayed the tribunal to restrain FIRS.
The tribunal, presided over by Alice Iriogbe, adjourned after applications by parties were taken.
Mrs Iriogbe had advised the appellant counsel to look for an alternative way to solve the problem of the appellant not coming to testify for himself to avoid waste of time.
She then adjourned until July 17 for hearing.
Earlier, Abedayo Adedeji, counsel for Mr Daudu, told the tribunal that they were served with some documents by FIRS and they needed to respond.
He notified the tribunal that the appellant would like to be at the tribunal by himself but he was still not fit he also presented the medical report to attest for that.
Mr Adedeji further informed the tribunal that the appellant needed to be in the tribunal because some of the issues are personal which he needed to clear.
His application was for additional witnesses on oath and time to enable the appellant to be in the tribunal and testify for himself.
In his response, Taiwo Osipitan, SAN, counsel for FIRS, told the tribunal that the ill health of the appellant was touchy having been served with the medical report and so they are not objecting.
He also applied for extension of time to regularise the documents.
He said the motion was filed on May 14, but they could not bring some of the documents.
Mr Osipitan said in that case, those documents that were not brought would be abandoned.
Mr Adedeji earlier, claimed that it was a misnomer for the appellant, who operated a law firm as a legal practitioner and did not deal in primary goods, to be assessed on Withholding Tax (WHT).
“It is unheard of for a legal practitioner to pay Withholding Tax, the respondent acted in error when it assessed the appellant on individual Income Tax from 2010 to 2017,” he said.
Responding, FIRS noted that its assessments were not in error and that it was discovered that the appellant did not deduct and remit WHT on some of the expenses and payments made under the period in review.
The service, therefore, prayed the tribunal to declare that the notices of assessments issued on the appellant for 2010 to 2017 assessment was right.
It also urged the tribunal for an order mandating the appellant to pay the total sum of N1.2 billion being the appellant’s liability for WHT, Personal income tax and VAT for 2010 to 2017 years of assessment.
FIRS stated that it rightly assessed the appellant; acting in accordance with the law and by collaborating with EFCC on non-declaration of income as well as tax evasion.