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An evaluation of the rules of practice and procedure of tax appealtribunal in nigeria

 

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Project Abstract

Abstract
The Tax Appeal Tribunal (TAT) in Nigeria plays a crucial role in resolving disputes between taxpayers and tax authorities. This research project aims to evaluate the rules of practice and procedure of the TAT to assess their efficiency and effectiveness in achieving the tribunal's objectives. The study will involve an in-depth analysis of the legal framework governing the TAT, including relevant statutes, rules, and guidelines. The research will also examine the practical application of the TAT rules in the resolution of tax disputes. This will involve a review of case studies and precedents to determine how well the rules are implemented in practice. Additionally, the research will explore the experiences and perspectives of stakeholders involved in TAT proceedings, including taxpayers, tax authorities, legal practitioners, and tribunal members. Furthermore, the study will assess the extent to which the current rules of practice and procedure of the TAT promote transparency, fairness, and access to justice for taxpayers. This will involve analyzing the procedural requirements for filing appeals, conducting hearings, presenting evidence, and delivering judgments. The research will also consider the efficiency of the TAT in resolving disputes in a timely manner and providing clear and reasoned decisions. The findings of this research project are expected to provide valuable insights into the strengths and weaknesses of the rules of practice and procedure of the TAT in Nigeria. By identifying areas for improvement, the study aims to contribute to the ongoing efforts to enhance the effectiveness and efficiency of the TAT in resolving tax disputes. The research findings may also have broader implications for the administration of tax justice and compliance in Nigeria. In conclusion, this research project will critically evaluate the rules of practice and procedure of the Tax Appeal Tribunal in Nigeria to assess their impact on the resolution of tax disputes. By examining the legal framework, practical application, stakeholder perspectives, and outcomes of TAT proceedings, the study aims to provide a comprehensive analysis of the effectiveness of the tribunal's rules. The research findings are expected to offer valuable recommendations for enhancing the efficiency, transparency, and fairness of the TAT in achieving its objectives.

Project Overview

    INTRODUCTION

 

The issue of taxation has often generated controversies between the tax authorities on one hand and the taxpayers on the other. These controversies or disputes generally stem from the very nature of tax itself and the peculiar way in which taxing Statutes are interpreted by the Courts.

 

Taxes are levies imposed under the authority of the legislature and they are levied by a public body for public purposes.1 Tax is created by law and levied on individuals, incomes, commodities and transactions to yield public revenue that affords government the opportunity to offer protection and other socio – economic amenities to the citizens.2 It is one of the sources of income for government.3 Taxes are imposed by Statutes only.4 The issue of tax is consequently outside the ambit of common law. Therefore, for any individual to be chargeable to tax there must be a clear link between the charging provisions and the intended taxpayer. The link must be direct, not inferential.5 The insistence on the direct link between the charging provisions and the intended taxpayer has been a source of sustained controversies between the taxpayers and the tax authority



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