ANGLOGOLD ASHANTI (IDUAPRIEM) LIMITED vs THE COMMISSIONER – GENERAL

WHEREAS:

1. The Appellant herein being dissatisfied with the Respondent’s Tax Assessment dated 28th July 2020 and Objection Decision dated 12th November 2021 and served on the Appellant on 26th November 2021, filed a Notice of Appeal on 29th December 2021 against the said Final Objection Decision of the Respondent to this Honourable Court on the following grounds:

i. The Respondent erred in law by disallowing the Appellant capital allowances on the Stripping Costs of Thirty-Nine Million and Six-Three Thousand, Two Hundred and Ninety United States Dollars (US$39,063,290.00) for the 2017 and 2018 years of assessment and on Thirty Five Million, Two Hundred and Eighty-Eight Thousand, Five Hundred and Eleven United States Dollars (US$35,288,511.00) for the 2018 year of assessment.

ii. The Respondent erred in law by applying the provisions of new tax laws which came into force after 18th February, 2004 to the Appellant in contravention of the terms of the Stability Agreement ratified by the Parliament of the Republic of Ghana on 18th February, 2004.

iii. The Respondent wrongly treated a reversal of overpayment to the Appellant’s supplier as income and also assessing 2017 withholding tax credits as income thereby increasing the Appellant’s income for the 2018 year of assessment by Eighty-Seven Thousand, Three Hundred and Twenty-Three United States Dollars Eighty Cents (US$87,323.80).

iv. The Respondent erred in law by assessing the Appellant to a withholding tax of Four Million One Hundred and Seventy-Nine Thousand, Eight Hundred and Forty-Three United States Dollars Sixty Cents (US$4,179,843.60) and interest of One Million, One Hundred and Ten Thousand, Six Hundred and Fifty-Eight United States Dollars Ninety-Two Cents (US$1,110,658.92) on goods, works and service fees in contravention of the terms of the Deed of Warranty dated 27th April, 1989 entered into between the Government of the Republic of Ghana and the Appellant.

v. The Respondent wrongly surcharged the Appellant to a withholding tax on Wages and Salaries of Four Hundred and Seventy-Three Thousand, Three Hundred and Forty- Five United States Dollars, Fifty-Three Cents (US$473,345.53) and interest of One Hundred and Twenty-Five Thousand, Seven Hundred and Seventy-Six United States Dollars Thirty-Four Cents (US$125,776.34).

2. The Appellant prayed the Court for the following reliefs:

i. A declaration that the Stability Agreement made between the Government of the Republic of Ghana and the Appel