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ARTICLE · 27 MARCH 2023

Tax Developments Of 2022

AELEX
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The decision of the FHC reaffirms that amendments to tax laws cannot be applied retroactively, except where the law expressly states so.

NigeriaTax
Jibrin Dasun
Jibrin Dasun
Perpetua Onyeukwu
Perpetua Onyeukwu
Tubosiya Ibama
Tubosiya Ibama
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NOTABLE JUDGMENTS

  • NO RETROSPECTIVE APPLICATION OF THE FINANCE ACT 2019: ACCUGAS V. FIRS

The Abuja Division of the Federal High Court (the "FHC") delivered a landmark decision where it held that the Finance Act 2019, which became law on 13 January 2020, should not apply to trading conducted by Accugas between January and December 2019. The decision of the FHC reaffirms that amendments to tax laws cannot be applied retroactively, except where the law expressly states so.

  • VAT versus CONSUMPTION TAX: FIRS V. AG LAGOS & ORS

The Court of Appeal in Lagos set aside the 2019 judgment of the FHC and upheld the powers of the FIRS to collect VAT on goods and services consumed in hotels, restaurants, and event centres in Nigeria as against the powers of the State government to impose and collect consumption tax on goods and services consumed within the State.

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