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Court throws out Peniel Apartment’s suit against FIRS

Delivering judgment in the case brought by the Peniel Apartments against the FIRS, Justice Musa Kurya said the service action under the law was valid…

Delivering judgment in the case brought by the Peniel Apartments against the FIRS, Justice Musa Kurya said the service action under the law was valid and in accordance with the provisions of the relevant status.
The Peniel Apartments Limited had through an originating motion filed on September 27, 2013 challenged a FIRS decision in appointing the Standard Chartered Bank of Nigeria Limited as an agent of the company (Peniel Apartments Limited) for the recovery of the outstanding tax liabilities of N89 million.
The tax liabilities comprised Companies Income Tax of N44 million for 2002 to 2012, Value Added Tax of N33 million for 2005 to 2009, Education Tax of N10 for 2007 to 2011 and Withholding Tax of N2million for 2005 to 2009.
After consideration of arguments from both parties, Kurya ruled that, “From the foregoing, I am of the view that the applicants’ application fails for lack of merit and it is hereby struck out.
“Consequently, judgment is hereby entered in favour of the 2nd respondent (Standard Charted Bank of Nigeria Limited) against the Applicants.”
Justice Kurya further ruled that the FIRS action under the law was valid and in accordance with the provisions of the law. “The whole Applicant is hereby struck out with no cost,” he ruled.
Peniel Apartments also challenged the Acting Executive Chairman of FIRS, Alhaji Kabir Mashi’s powers to issue the recovery letter dated August 12, 2013 when it became obvious that the company refused to pay the agreed liabilities.
The court in determining the matter found the “applicant owing as they have not paid their taxes,” and that the 1st Respondent as the Acting Executive Chairman has the responsibility of executing the policy and administering the CITA, VAT and the Federal Inland Revenue Service Act.

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