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SAIPEM CONTRACTING NIGERIA LIMITED & ORS v. FEDERAL INLAND REVENUE SERVICE & ORS

(2018) JELR 38504 (CA)

Court of Appeal  •  CA/L/436/2014  •  10 Jul 2018  •  Nigeria

Coram
YARGATA BYENCHIT NIMPAR JCA; UGOCHUKWU ANTHONY OGAKWU JCA; JAMILU YAMMAMA TUKUR JCA;

Judgement

UGOCHUKWU ANTHONY OGAKWU, JCA (Delivering the Leading Judgment): The provenance of this matter is in the contract awarded to the Appellants by the 3rd Respondent. The dispute relates to the tax liability of the Appellants on the said contract. The contention of the Appellants is that based on the provisions of the extant taxation laws and regulations they are not liable to pay Value Added Tax, Withholding Tax and Company Income Tax on the said contract. They claim that the 1st Respondent had advised them that they were not liable to the taxation, only for the 1st Respondent to resile afterwards.

The Appellants, as Plaintiffs, consequently took out an Originating Summons before the Federal High Court, Lagos Division in SUIT NO. FHC/L/CS/1081/2011: SAIPEM CONTRACTING NIGERIA LTD and ORS v. FEDERAL INLAND REVENUE SERVICE and ORS for the determination of the following questions:

(1) WHETHER having regard to the extant provisions of the value Added Tax Act, Cap. V1, Laws of the Federation of…

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