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An evaluation of the rules of practice and procedure of tax appealtribunal in nigeria

 

Table Of Contents


Thesis Abstract

Abstract
The Tax Appeal Tribunal (TAT) in Nigeria serves as an alternative dispute resolution forum for taxpayers dissatisfied with the decisions of the tax authorities. This research project aims to evaluate the rules of practice and procedure of the TAT in Nigeria to assess their effectiveness in ensuring fair and efficient resolution of tax disputes. The study will analyze the key provisions of the TAT rules, including the filing requirements, timelines for submissions, case management procedures, and the powers of the tribunal. Through a comprehensive review of relevant literature, statutory provisions, and case law, this research will provide a critical analysis of the strengths and weaknesses of the current rules governing the TAT. It will examine the extent to which the rules promote transparency, consistency, and access to justice for taxpayers appearing before the tribunal. Additionally, the project will consider the practical challenges faced by taxpayers and tax authorities in navigating the TAT process and suggest potential reforms to enhance the efficiency and effectiveness of the tribunal. The methodology for this research will involve a combination of doctrinal research, including the review of primary and secondary legal sources, as well as empirical research through interviews with tax practitioners, TAT members, and other stakeholders involved in tax dispute resolution in Nigeria. By triangulating these sources of data, the study aims to provide a comprehensive assessment of the rules of practice and procedure of the TAT and their impact on the resolution of tax disputes in Nigeria. The findings of this research are expected to contribute to the existing literature on tax dispute resolution in Nigeria and provide valuable insights for policymakers, tax practitioners, and taxpayers seeking to navigate the TAT process. By identifying areas for improvement in the rules of practice and procedure of the TAT, this study seeks to enhance the efficiency, transparency, and fairness of tax dispute resolution in Nigeria, ultimately promoting compliance with tax laws and fostering a more conducive business environment.

Thesis Overview

    INTRODUCTION

 

The issue of taxation has often generated controversies between the tax authorities on one hand and the taxpayers on the other. These controversies or disputes generally stem from the very nature of tax itself and the peculiar way in which taxing Statutes are interpreted by the Courts.

 

Taxes are levies imposed under the authority of the legislature and they are levied by a public body for public purposes.1 Tax is created by law and levied on individuals, incomes, commodities and transactions to yield public revenue that affords government the opportunity to offer protection and other socio – economic amenities to the citizens.2 It is one of the sources of income for government.3 Taxes are imposed by Statutes only.4 The issue of tax is consequently outside the ambit of common law. Therefore, for any individual to be chargeable to tax there must be a clear link between the charging provisions and the intended taxpayer. The link must be direct, not inferential.5 The insistence on the direct link between the charging provisions and the intended taxpayer has been a source of sustained controversies between the taxpayers and the tax authority



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