…..Slams Him With Perpetual Restrain Order From Further Usage Of Private Tax Consultants Too
Operators of motorcycle and tricycle in Delta state are currently in a jubilation mood across the state following the legal victory recorded on Friday over issues bothering on collection of levies by the Ifeanyi Okowa led administration.
Delta state High Court, sitting at Otor-Udu, in a Suit No: OUHC/111/2016, Oghenejabor Ikimi, Esq., vs. Governor of Delta state and 2 Others, on Friday declared that the collection of the Passengers Welfare Scheme levy and the daily motorcycle and tricycle taxes collection from operators of motorcycle and tricycle in the state is illegal contrary to the provisions of part II of the schedule to the taxes and levies (Approved List for Collection) Act, 2004 (as amended).
The Court also declared that the assessment and collection of taxes and levies by private tax consultants or private individuals or bodies is illegal as same contravenes the provisions of sections 2 (1), 3 and 4 of the taxes and levies (Approved List for Collection) Act, 2004 (as amended).
The Court further declared that the Delta State Government cannot collect any tax or levy not listed in part II of the schedule to the taxes and levies (Approved List for Collection) Act, 2004 (as amended).
Consequently, the presiding judge, Justice C.E Achilefu (Mrs.), further slammed the Delta state government a perpetual restrain order from further using private tax consultants or private individual or bodies from assessing and collecting taxes and levies on behalf of the State. (Approved List for Collection) Act, 2004 (as amended).
The Court also went further to restrain the Delta state government perpetually from further collecting Passenger’s Welfare levies from commuters in the State and Motorcycle and Tricycle taxes from Motorcycle and Tricycle operators in the state as same contravened the provisions of Part II of the Schedule to the Taxes and Levies (Approved List for Collection) Act, 2004 (as amended).
The Court also restrained the Delta state government from further collecting taxes and levies from her Citizens which are not listed in Part II of the Schedule to the taxes and levies (Approved List for Collection) Act, 2004 (as amended).
