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BLUE SKY PRODUCTS (GHANA) LTD. v. COMMISSIONER OF GRA (DOMESTIC TAX)

2024

COURT OF APPEAL

GHANA

CORAM

  • ERIC KYEI BAFFOUR JA (PRESIDING)
  • NOVISI ARYENE JA
  • STEPHEN OPPONG JA

Areas of Law

  • Tax Law
  • Constitutional Law
  • Commercial Law

AI Generated Summary

Blue Sky Products (Ghana) Ltd. appealed against a High Court decision which upheld the Ghana Revenue Authority's tax assessment based on a 15% rate contending it should be 8%. The Court of Appeal dismissed the appeal, ruling that Free Zone Enterprises are distinct from other exporters and thus are subject to different tax regimes. The court also dismissed claims of discrimination under Article 17 of the 1992 Constitution, affirming that Blue Sky Products, having benefited from a ten-year tax holiday, must now comply with the 15% tax rate as per the Income Tax Act. The appeal was rejected in its entirety, with costs awarded against the appellant.

JUDGMENT