TheCitizen - It's all about you
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials
No Result
View All Result
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials
No Result
View All Result
TheCitizen - It's all about you
No Result
View All Result

Tribunal orders MTN to pay $72.5m fine to FIRS

The Editor by The Editor
October 25 2023
in Business
A A
0
Tribunal orders MTN to pay $72.5m fine to FIRS

The Lagos state division of Tax Appeal Tribunal has ordered MTN Nigeria Communications to pay the sum of $72, 551, 059, in tax default to the Federal Inland Revenue Services (FIRS).

The fine covers for 2007 to 2017.

However, the Tribunal absolved the telecommunication firm from paying the sum of $21,039,807, as penalties and interest on the principal sum.

A five-man panel led by Professor A. B. Hamed, gave the verdict and order on Friday, while delivering judgment in an appeal numbered TAT/LZ/VAT/075, filed by the telecommunication company against the request by the FIRS to pay the default.

Other members of the panel were P. A. Olayemi, Babatunde Sobamowo, Samuel N. Ohwerhoye and Terzungwe Gbakighir.

The facts of the matter according to the processes filed before the appeal, was that sometime in May 10, 2018, the Office of the Attorney General of the Federation issued a report of its investigation into the MTN’s Forms A and M transactions. The report covered the 2007 to 2017 accounting years.

But, in a revised report dated August 20, 2018, the OAGF adjusted the alleged outstanding in respect of import duty and VAT to the tune of N242.2 bn, (Form M -visible transactions) whilst the section relating to VAT and Withholding tax (WHT) was revised $1.284 bn (Form A invisible transactions).

The processes also stated that sometime in mid-2020, the FIRS informed MTN that it had received a report from the OAGF in respect of its alleged liability to VAT and WHT.

FIRS consequently conducted a review of MTN’s tax and accounting records and upheld the OAGF’s alleged tax liability.

However, MTN and its tax consultant, KPMG Advisory Services, held a series of meetings with FIRS to resolve the tax dispute arising from MTN’s alleged tax liability.

Thereafter, in July 2021, the FIRS issued a VAT assessment of $93, 590, 366m to the MTN. This assessment comprised the sum of $72, 551, 059m, as the principal liability and $21,039,807m, for penalties and interest on the principal sum (first assessment).

MTN objected to the first assessment whereupon the FIRS further reviewed the assessment. Accordingly, by the Notice of Assessment dated April 14, 2022, the Respondent issued a revised assessment for US $135,697,755m to MTN as a revised assessment.

Although the principal amount of tax alleged to be outstanding and due from the Appellant (principal tax liability) in the revised assessment, i.e. $47, 776, 210m, was less than the alleged principal tax liability contained in the first assessment, i.e., $72,551,059m, the interest and penalty imposed by the FIRS on the alleged principal tax liability in the revised assessment, i.e. $87.900m, is higher than the interest and penalty imposed by the FIRS on the alleged principal tax liability in the first assessment, i.e., US $21, 039,807m.

Also MTN by a letter of notice of objection dated May 13, 2022, objected to the FIRS’s revised assessment, and FIRS by a letter dated June 16, with ref. no. FIRS/TID/LOS/2020/0213/01, notified the MTN of its refusal to amend the revised assessment.

Dissatisfied with the FIRS’s amended revised assessment, MTN filed the Appeal before the Tax Appeal Tribunal.

Upon reviewing all the processes filed by the parties, the tribunal distilled five issues for determination, which were; “Whether in view of the clear and unequivocal provisions of the VAT Act prior to the amendment by the Finance Acts, the provision of software licensing and upgrades qualified as a taxable supply of goods and services.

“Whether the provision/lease of bandwidth capacities by Intelsat Global Services & Marketing Ltd, a non-resident entity, through transponders located in the satellite, qualifies as a taxable supply of goods and services.

“Whether in the absence of the production of any false or untrue document or statement by the Appellant, the Respondent has authority to conduct a tax investigation beyond the 5-year restriction.

“Whether training provided by offshore facilitators outside of Nigeria is liable to VAT in Nigeria.

“Whether the Respondent acted in error when it calculated and imposed interest and penalty on the Appellant’s alleged non-remittance of VAT liabilities, the said liabilities having not become final and conclusive.”

While counsel to MTN urged the tribunal to determine the issues in its favour, FIRS counsel, who includes: Abu Ocheme Director Legal FIRS, Egodi Adedeji and Moses Ideho, urged the court to dismiss the MTN’s appeal, and determine the issues raised in FIRS’s favour.

The tribunal, after taking arguments on the parties, resolved issues one to four in favour of the FIRS, and issue five was resolved in favour of MTN.

The tribunal after perusing all the processes filed by parties, and citing a plethora of authorities held that: “In the final analysis, it is the decision of the Tribunal that issues one to four discussed above are all resolved in favour of the Respondent and the appellant is therefore ordered to settle the assessed liabilities accordingly.

“However, issue five in relation to penalty and interest is resolved in favour of the Appellant and is therefore set aside by this Honourable Tribunal. This is our Judgement.”

Previous Post

Aggrieved customer attempts to set bank on fire in Ogun

Next Post

Reps deny indicting REA, TETFund bosses

Related Posts

Enugu, UK investors back Nigeria Climate Summit in London
Business

Enugu, UK investors back Nigeria Climate Summit in London

May 12 2026
Sahara Group 2025 Sustainability Report underscores “Beyond Energy” commitment globally
Business

Sahara Group 2025 Sustainability Report underscores “Beyond Energy” commitment globally

May 11 2026
Guinness Nigeria CEO attributes strong 2026 start to operational efficiency, localised decision-making, others
Business

Guinness Nigeria CEO attributes strong 2026 start to operational efficiency, localised decision-making, others

May 10 2026
Lagos rules out subsidy for electricity consumers
Business

Lagos rules out subsidy for electricity consumers

May 10 2026
Nigeria signs MoU with Chinese firms to operate Warri, Port Harcourt refineries
Business

Atiku demands halt to Port Harcourt, Warri refineries deal with Chinese firms

May 8 2026
Reps move to enforce gas station siting rules after Apapa explosion
Business

Reps move to enforce gas station siting rules after Apapa explosion

May 7 2026
Next Post
Reps deny indicting REA, TETFund bosses

Reps deny indicting REA, TETFund bosses

Liberia election results: George Weah, Joseph Boakai face run-off vote

Liberia election results: George Weah, Joseph Boakai face run-off vote

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

FROM THE GRASSROOTS

Gov. Adeleke deposes Oba Joseph Oloyede, Apetu of Ipetumodu

Gov. Adeleke deposes Oba Joseph Oloyede, Apetu of Ipetumodu

by The Editor
May 12 2026
0

...

Ebonyi State lifts 3-month curfew after bloody boundary crisis

Ebonyi State lifts 3-month curfew after bloody boundary crisis

by The Editor
May 5 2026
0

...

Ondo community begs Gov. Aiyedatiwa to intervene in regent appointment crisis

Ondo community begs Gov. Aiyedatiwa to intervene in regent appointment crisis

by The Editor
April 30 2026
0

...

Service Chiefs: Let the changes count – Punch

Tinubu approves ₦17bn grassroots devt fund for 8,804 wards

by The Editor
April 22 2026
0

...

APPOINTMENTS

Tinubu creates Homeland Security adviser role, appoints ex-army general

Tinubu creates Homeland Security adviser role, appoints ex-army general

by The Editor
May 11 2026
0

...

Soludo appoints MDs for three Anambra agencies

Soludo appoints MDs for three Anambra agencies

by The Editor
May 4 2026
0

...

Tinubu seeks Omidiran, 28 others’ confirmation as FCC members

Tinubu approves immediate assignment of four new permanent secretaries

by The Editor
May 4 2026
0

...

FirstBank confirms appointment of Olayinka Ijabiyi as Group Head, Marketing & Corporate Communications

FirstBank confirms appointment of Olayinka Ijabiyi as Group Head, Marketing & Corporate Communications

by The Editor
May 1 2026
0

...

ODDITIES

Woman allegedly beats 9-yr-old stepdaughter to death

Woman allegedly beats 9-yr-old stepdaughter to death

by The Editor
May 12 2026
0

Police begin disciplinary action against officer in viral misconduct video

Police begin disciplinary action against officer in viral misconduct video

by The Editor
May 10 2026
0

Gombe magistrate lands in jail for bribery

Gombe magistrate lands in jail for bribery

by The Editor
May 7 2026
0

GLOBAL NEWS

Trump to visit China for high-stakes talks with Xi Jinping

Trump to visit China for high-stakes talks with Xi Jinping

by The Editor
May 12 2026
0

...

Macron in fresh push to rebuild France-Africa partnership

Macron in fresh push to rebuild France-Africa partnership

by The Editor
May 12 2026
0

...

Instagram ends support for end-to-end encrypted DMs

Instagram ends support for end-to-end encrypted DMs

by The Editor
May 8 2026
0

...

New York governor bans ICE agents from wearing masks

New York governor bans ICE agents from wearing masks

by The Editor
May 7 2026
0

...

France to raise tuition fees for non-EU students

France to raise tuition fees for non-EU students

by The Editor
May 7 2026
0

...

State of the States

Gov. Radda gifts cars to outstanding Katsina students

Gov. Radda gifts cars to outstanding Katsina students

by The Editor
May 12 2026
0

...

Okpebholo promises justice for slain UNIBEN student

Okpebholo promises justice for slain UNIBEN student

by The Editor
May 11 2026
0

...

Gov. Mbah pledges to end road crashes in Enugu

Enugu govt to build 660MW coal-fired power plant

by The Editor
May 7 2026
0

...

Davido backs Adeleke’s re-election, joins campaign mobilisation in Osun

Otti pledges to keep security as top priority in Abia

by The Editor
May 7 2026
0

...

Plugin Install : Widget Tab Post needs JNews - View Counter to be installed
  • Trending
  • Comments
  • Latest
Man City beat Chelsea 1-0 to win FA Cup

Man City beat Chelsea 1-0 to win FA Cup

May 16 2026
Isaac Fayose loses wife

Isaac Fayose loses wife

May 16 2026
ADC revises primary election timetable, nomination fees

ADC shifts presidential, governorship screenings to May 18

May 16 2026
APC imposes two-week deadline for presidential, guber, NASS forms

APC releases list of disqualified Reps aspirants across states

May 16 2026

EDITORIAL REVIEW

Urgent measures needed against hantavirus – Punch

Urgent measures needed against hantavirus – Punch

by The Editor
May 10 2026
0

Nigeria at critical juncture – Vanguard

The cost of living crisis is becoming a national emergency – PM News

by The Editor
May 7 2026
0

Robbers on the rampage – Punch

Robbers on the rampage – Punch

by The Editor
May 7 2026
0

Outrageous extrajudicial Delta police killing – Punch

by The Editor
May 5 2026
0

Oyedele’s moment: Not business as usual – Punch

Oyedele’s moment: Not business as usual – Punch

by The Editor
May 4 2026
0

Opinion

The dangers of a one-party state

The dangers of a one-party state

by The Editor
May 5 2026
0

...

Dear Senator Tinubu, Buhari has thrashed us all!

NBC’s real struggle

by The Editor
April 30 2026
0

...

Even INEC admonishes the media?

Even INEC admonishes the media?

by The Editor
April 12 2026
0

...

Enugu: Gov Mbah presents N521.5bn budget for 2024

Mbah: From contested mandate to constructive governance in Enugu

by The Editor
April 9 2026
0

...

Plugin Install : Popular Post Widget need JNews - View Counter to be installed
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials

© 2026 TheCitizen Ng. All Rights Reserved.

No Result
View All Result
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials

© 2026 TheCitizen Ng. All Rights Reserved.