MAERSK DRILLSHIP IV SINGAPORE PTE LTD vs THE COMMISSIONER GENERAL
October 19, 2022
HIGH COURT
GHANA
CORAM
- HER LADYSHIP AKUA SARPOMAA AMOAH J. (MRS.)
Areas of Law
- Tax Law
- Civil Procedure
October 19, 2022
HIGH COURT
GHANA
CORAM
AI Generated Summary
Following an earlier order in its July 8, 2022 judgment in this tax appeal, the High Court, presided over by Mrs. Akua Sarpomaa Amoah J., directed the parties, in consultation with the Court’s Registrar, to appoint an independent auditor to reconcile accounts concerning the Appellant’s VAT/NHIL, PAYE, and Withholding Tax liabilities to determine the Appellant’s actual tax exposure in relation to reliefs (vii) and (viii). On application, the Court later rescinded that directive and permitted the parties to undertake the reconciliation themselves. They filed a Reconciliation Report on September 30, 2022. After careful consideration and with the parties’ consent, the Court adopted the report and entered judgment for the Respondent for specified VAT/NHIL, Withholding Tax, and Corporation Tax amounts, declared that the Appellant had no PAYE liability, ordered a revised tax assessment for the 2015–2017 years, directed refund of any sums due to the Appellant after the revised assessment, and made no order as to costs.
In the Judgment delivered on the 8th of July, 2022, in respect of the instant Appeal, this Court in Paragraph 7 of the Judgment ordered the Parties in consultation with the Registrar of this Court, to agree on an Independent Auditor to reconcile accounts between the said Parties regarding the Appellant’s VAT/NHIL liability PAYE and WITHHOLDING TAX figures (if at all) to enable the Court ascertain the Appellant’s actual tax liability in respect of Reliefs (vii) and (viii) of the Appeal.
This Court however rescinded the said Order upon application by the Parties and granted them leave to reconcile accounts between themselves following which the Parties filed a Reconciliation Report on 30th of September, 2022 in respect of Reliefs (vii) and (viii) of the Appeal sought from this Court by the Appellant
Upon a careful consideration of the said Report and with the consent of Parties to the instant Appeal, this Court wholly adopts the agreement reached by the Parties in the said Report and proceeds to make the following Orders in respect of Reliefs (vii) and (viii);
1. Judgment is hereby entered for the Respondent to recover from the Appellant as follows:
(a) The sum of Two Million Seven Hundred and Seven Thousand Six Hundred and Seventy-Seven Dollars Ninety-Six Cents ($2,707,677.96) being the Appellant’s VAT/NHIL liability.
(b) The sum of Three Hundred and Thirty-Six Thousand Seven Hundred and Eight Dollars Forty-Nine Cents ($336,708.49) being the Appellant’s Withholding Tax liability
(c) The sum of One Million Eight Hundred and Five Thousand Three Hundred and Seventy-Four Dollars Twenty-One Cents ($1,805,374.21) being the Appellant’s Corporation Tax liability
(d) It is hereby declared that the Appellant has no PAYE liability
2. In respect of Relief (x) it is hereby ordered that the Respondent issues a Revised Tax Assessment of the Appellant for the 2015 -2017 years of Assessment taking into consideration the revised figures contained in Clauses (a) to (d) of the Reconciliation Report as well as this Court’s decision on all the other reliefs sought by the Appellant.
(ii) The Respondent is further ordered to refund any monies found to be due the Appellant after the said Revised Assessment.
I make no order as to costs.
(SGD)
MRS. AKUA SARPOMAA AMOAH J.
(JUSTICE OF THE HIGH COURT)