Darboe asked to pay D2M as he loses tax appeal

 

By  Omar Bah

 

 

 

The leader of United Democratic Party

UDP Lawyer Ousainu Darboe has lost

his appeal case against the findings of the

Commission of Inquiry into tax evasion

at the Supreme Court yesterday.

The Commission was established in

November 2011 by former Yahya

Jammeh to look into tax evasion and

other corrupt practices of accountants,

legal practitioners, companies, and

private persons, medical practitioners and

institutions required to pay tax to the

GRA.

The Commission found Darboe liable of

tax evasion to the tune of D1, 981, 296.

52 which Darboe appealed against, However yesterday, Justice M.M. Sey

of the Supreme Court ruled that the

Commission of Inquiry was right in

finding Mr Darboe liable for tax evasion.

Although Mr Darboe had contended that

the delay of payment of tax does not

constitute tax evasion, the Supreme

Court supported the decisions of the

Commission of Inquiry which indicates

that Mr Darboe was paying his tax as

arrears for the purpose of nomination in

elections.

The Superior Court also contended that

Darboe was not compliant with the tax

laws and that he has tax arrears which he

failed to pay.

“The Commission of Inquiry was right,

consistent and the findings were

supported by evidence,” Justice Sey

contended.

The court ordered Darboe to pay the tax

arrears he owed.

Darboe had initially appealed against the

decision of the Commission at the Court

of Appeal in 2012 but the Court

dismissed his claims after which he went

onto to made an appeal at the Supreme

Court.

Darboe contended that the Commission

does not have the power to review his

tax; that the power to assess is only with

the Commissioner General of GRA.

But Justice MM Sey adduced that

pursuant to paragraph 3 of the Legal

Notice establishing the Commission and

section 200 of the Constitution, the

Commission has the power to review

taxes. She henceforth dismissed Darboe’s

challenge on the jurisdiction of the

Commission to review taxes.

“The Commission has the power to

assess and reassess the appellant’s

(Darboe’s) tax liabilities. The powers to

assess and reassess is both for the

Commission of Inquiry and the

Commissioner General. The Legal

Notice conferred the Commission the

power to reassess the tax liability

source: Standard Newspaper