The tribunal Chairman, Prof
At the hearing of the matter last month, the FIRS had objected to the continuation of the appeal on the ground that
The FIRS argued that Paragraph 15(7) of the Fifth Schedule to the FIRS
The revenue agency argued that in the absence of a proof of deposit, the tribunal should discontinue hearing of the appeal and enter judgment against
Delivering ruling on the objection raised by FIRS the tribunal held: "It is obvious that the appellant has not only complied with the orders of this court but has also provided sufficient evidence before this tribunal that they are credible and ready to pursue this matter with all sense of responsibility and seriousness.
"It is only fair and just that they be given the privilege to do so. The appellant has complied with the orders of this tribunal given on
Ruling on other issues raised by the FIRS, the Tribunal held: "We have carefully examined the submission of both counsels and we are of the understanding that this tribunal has been called upon to give a ruling on the proper legal interpretation of the relevant sections of provisions of paragraph 15 of FIRS
"It is our understanding that one of the major functions of this tribunal is to interpret and outline tax laws in specific cases that will come before it. In doing this duty, we will be guided by Superior Courts of Record.
"In a plethora of cases, the courts have often held that in the interpretation of provisions of the law, the court must give meaning to the exact word used by the makers of the law without adding or subtraction. The tribunal is to declare what the law is and not what it ought to be.
"This tribunal is unable to agree with the argument presented by the respondent's counsel because the said portion of the paragraph in the FIRS talks about the 'preceding year' and not 'preceding years.'
"The paragraph under the portion of the FIRS in reference also talks about assessment and not assessments. This tribunal cannot reduce anything from the paragraph as intended by the makers of the law. The paragraph under consideration also talks about 'assessment' and not 'assessments' therefore this tribunal will not add or reduce anything from the said paragraph," the TAT ruled.
It concluded by fixing 17 November for the commencement of the hearing of the appeal.
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