NEWS
Tribunal Orders NLNG to pay FIRS $27.5m as 2016 Revised Corporate Income tax
The Tax Appeal Tribunal (TAT) has ordered the Nigeria Liquefied Natural Gas (NLNG) Limited to pay the Federal Inland Revenue Service (FIRS) 27.5 million dollars as full and final settlement of the revised companies income tax (CIT) for the 2016 assessment year.
This was part of the judgment of the Tax Appeal Tribunal (TAT) sitting in Abuja.
The five-member panel of TAT, chaired by Mrs Alice Iriogbe, entered the judgment in the terms of settlement agreed to by parties in the appeal.
The NLNG Ltd had, in the appeal marked: TAT/ABJ/APP/331/2022, filed a notice of appeal dated and filed on April 21, 2022.
The company, an appellant, had sued the FIRS, a Federal Government’s revenue agency, as sole respondent.
The NLNG prayed the tribunal to restrain the revenue agency from collecting the sum of $141. 75 million dollars from it as CIT for the year under review.
It challenged the FIRS’ notice of additional assessment dated Dec. 15, 2021, and the notice of refusal to amend (NORA) dated March 22, 2022.
In the appeal, NLNG argued that by the provisions of Clause 8(A) of the TCPAs (Time Charter Party Arrangements), the appellant Is contractually obligated to pay for the use and hire of the vessels.
This is at a daily hire rate, which consist of the Fixed and Variable Elements from the time of delivery of the vessels to the appellant and continuing until the time and date of redelivery i.e., handover date of the vessels by the appellant to BGT (Bony Gas Transport) at the end of the lease.”
The company said although the parties to the TCPAs agreed that the lease and the attendant lease payments will continue until the redelivery dates of the vessels which were to occur at the end of the agreed tenure of the lease, it became expedient and necessary for the appellant to replace the old steam vessels with more efficient Dual Fuel Diesel Engine vessels in order to reduce the appellant’s operating expenses.
It said in line with its business objectives, the firm entered into a termination agreement with BGT to exit the TCPAs prior to the expiration of the leases.
It said that the FIRS however took the position that the terminal costs were not reasonably and necessarily incurred for its business operations.
The NLNG therefore sought seven reliefs including “a declaration that, having regard to the TCPAs, the refit and drydock payments in the sum of 141.7 million dollars were ultimately incurred by the appellant without any duplication in the books of BGT.
“A declaration that the provision of Section 90 of the CITA (Companies Income Tax Act) Is inapplicable to the appellant in this appeal.
“A declaration that having regard to the provisions of the CITA, the TCPAs, the International Accounting Standard 16 and 17 and other applicable laws, the respondent was wrong in its decision to refuse to set aside/discharge the notice of additional assessment reference number: PDBA/CIT/AUD/16/207 dated 15th December, 2021.”
The gas company therefore sought an order setting aside the FIRS’ Notice of Additional Assessment for the reasons set out in grounds one to four and the accompanying particulars contained in this notice of appeal.
It equally sought an order of injunction restraining the FIRS, its agents, officers or privies, from further assessing the company to tax for the 2016 year of assessment as set out in the demand note reference number: PDBA/CIT/AUD/16/207 dated December 15, 2021, among other reliefs.
Delivering the judgement, the tribunal observed that parties had engaged in process of settlement even when the trial was ongoing in the matter.
The TAT, in the certified true copy of the judgement, which was delivered on Thursday and made available on Tuesday, said: “On the 10th July, 2024, parties filed a term of settlement in the tribunal.”
The panel held that in the terms of settlement signed by parties, the NLNG agreed to pay FIRS “the sum of USD$27,500,000 (Twenty-Seven Million, Five Hundred Thousand Dollars) as Full and final settlement of the Revised CIT Assessment and the subject matter of this appeal if payment is made on or before Friday, 12th July 2024.
“In furtherance of the above the appellant (NLNG) on Monday 8th July, 2024, duly remitted the said sum of USD$27,500,000 (Twenty-Seven Million, Five Hundred Thousand Dollars) to the respondent (FIRS), being the full and final settlement amount agreed upon by the parties.
“In the circumstance, the terms contained in the terms of settlement have been adopted and made judgement of this Honourable Tribunal.
“This is the judgment of this Honourable Tribunal.”
Earlier, in a ruling, the tax panel dismissed the NLNG’s interlocutory motion seeking to disqualify the tribunal from further sitting on the grounds that the company did not have confidence in the tribunal to adjudicate on the matter.
In the motion filed, the company had asked the tribunal to direct the chair person, Mrs Iriogbe, and another member in the person of Mr Ajayi Bamidele, who were former staff of FIRS before retirement, to recuse themselves from further participation in hearing of the matter as their presence in the panel posed likelihood of bias against the applicant.
Delivering the ruling, the tribunal said it had gone through the application and cannot see any cogent reason for it.
It agreed with the FIRS lawyer’s argument citing Section 59 of the FIRS Establishment Act 2007 (as amended) and Paragraph 8 of the 5th Schedule of the same Act.
“The appellant (NLNG) counsel also said that he does not have any reason to suspect that the panel would be biased but that other people out there might have a contrary view.
“However, in view of the statutory provisions quoted above, the only option probably open to the applicant would be to seek to invalidate the statutory provisions in a superior court of law.
“In view of the foregoing, this tribunal sees this application as being frivolous and it is hereby dismissed with no order as to cost,” the TAT ruled.(NAN)
Niger Government has established the state Price Control and Monitoring Board, approved by Gov. Umaru Bago to ensure fair pricing and consumer protection.
Alh. Abubakar Usman, Secretary to the Niger Government (SSG), inaugurated members of the board on Thursday in Minna.
The eight-member board has Alh.
Hussaini Ahmed, a former Permanent Secretary as the chairman.Usman noted that the inauguration of the board marked a significant step in the state’s commitment to ensuring fair pricing and consumer protection.
He said that the board was expected to control and stabilise prices of essential commodities and eradicate or reduce to the barest minimum, hoarding of essential commodities across the state.
He said that board would also handle issues that may arise as a result of enforcement and penalty for contravention of guidelines among several others.
“The board will be responsible for the distribution, monitoring and evaluation of essential commodities and keep price under continuous surveillance.
“They will also interpret price movement and relate them to other development in the State’s economy,” Usman said.
He said the board was expected to interface with relevant stakeholders such as local government chairmen, traditional institutions and councilors and well as market organisations to ensure the success of their mandate.
The SSG enjoined members of board to bring their wealth of experience and expertise in economics, consumer affairs and market dynamics to bear in their assignment.
He said that their appointment underscored the government’s dedication to maintaining economic stability and safeguarding the interests of both consumers and businesses in the state.
In his remarks, the board chairman, Ahmed, assured that the board would interface with relevant stakeholders within and outside the state in order to bring succour to the populace.
Other members of the board include Hamza Bello, Permanent Secretary, Investment, Aliyu Abubakar, Permanent Secretary, Local Government and Chieftaincy Affairs and Garba Abdullahi, from Ministry of Basic Education.
Also on the board are Adamu Maikasuwa, Ministry of Agriculture, DCP Aminu Garba, Nigeria Police, Niger Command, Aminu Ladan, Chairman, Chanchaga Local Government Area and Usman Liman, retired Statistician-General as Secretary of the Board. (NAN)
The Federal Accounts Allocation Committee (FAAC), has shared N1.298 trillion among the Federal Government, states, and the Local Government Councils (LGCs) for September.
This is according to a communique issued at the end of FAAC meeting for October held on Thursday in Abuja.
The communiqué was made available to newsmen by Bawa Mokwa, the Director, Press and Public Relations, Office of the Auditor-General of the Federation (OAGF).
According to the communiqué, N1.
298 trillion total distributable revenue comprised distributable statutory revenue of N124.716 billion, and distributable Value Added Tax (VAT) revenue of N543.518 billion.It also comprised Electronic Money Transfer Levy (EMTL) revenue of N18.
445 billion, Exchange Difference revenue of N462.191 billion and Augmentation of N150.000 billion.It said that a total revenue of N2.258 trillion was available in the month of September.
“Total deduction for cost of collection was N80.993 billion, while total transfers, interventions and refunds was N878.946 billion,” it said.
According to the communiqué, gross statutory revenue of N1.043 trillion was received in September 2024, which was lower than the sum of N1.221 trillion received in August by N177.426 billion.
It said that gross revenue of N583.675 billion was available from VAT in September, higher than the N573.341 billion available in the month of August by N10.334 billion.
“From the N1.298 trillion total distributable revenue, the Federal Government received a total sum of N424.867 billion, and the state governments received a total sum of N453.724 billion.
“The LGCs received a total sum of N329.864 billion and a total sum of N90.415 billion (13 per cent of mineral revenue) was shared to the benefiting states as derivation revenue,” it said.
On the N124.716 billion statutory revenue, the communiqué said that the Federal Government received N43.037 billion and the state governments received N21.829 billion, while the LGCs received N16.829 billion.
It said that the sum of N43.021 billion (13 per cent of mineral revenue) was shared to the benefiting states as derivation revenue.
“From the N543.518 billion VAT revenue, the Federal Government received N81.528 billion, the state governments received N271.759 billion and the LGCs received N190.231 billion,” it said.
It said that in September, Oil and Gas Royalty, Excise Duty, EMTL and CET Levies increased considerably while VAT and Import Duty increased marginally.
It added that Petroleum Profit Tax (PPT), Companies Income Tax (CIT) and others recorded significant decreases. (NAN)
The Lagos State Traffic Management Authority (LASTMA) has reiterated the importance of strict adherence to traffic laws, emphasising the prohibition of commercial motorcycles on highways and other restricted routes.
Mr Olalekan Bakare-Oki, the General Manager, said this in a statement on Thursday, signed by Mr Taofiq Adebayo, Director, Public Affairs and Enlightenment Department, LASTMA.
Bakare-Oki said that non-compliance with the regulations not only jeopardised the safety of the riders but also endangered the lives of other road users.
The statement came following the death of a motorcycle rider going against traffic on Carter Bridge, due to a collision with a fast-moving vehicle.
Bakare-Oki noted that the deceased, reportedly traveling from Ebute Ero, collided head-on with a fast-moving vehicle as it ascended Carter Bridge from Ilubirin.
“The forceful impact of the collision led to the immediate death of the motorcyclist while the vehicle driver ran away.
“Personnel from the LASTMA promptly arrived at the scene of the accident and swiftly alerted officers from the Central Police Station at Adeniji Adele and Shemo.
“Together, they coordinated efforts to retrieve the lifeless body of the rider, while LASTMA officials handed over the motorcycle to security authorities for further investigation,” he said.
The LASTMA boss extended his heartfelt sympathy to the family of the deceased.
“LASTMA remains committed to upholding public safety and is intensifying its efforts to minimise the occurrence of such tragic incidents on Lagos roads,” he said. (NAN)
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