FRANCIS ODILI V THE STATE
August 6, 2025OKORO MARIAGBE V THE STATE
August 6, 2025Legalpedia Citation: (1977-03) Legalpedia (SC) 11143
In the Supreme Court of Nigeria
Thu Mar 31, 1977
Suit Number: SC. 488/1975
CORAM
DARNLEY A.R. ALEXANDER, JUSTICE, SUPREME COURT
GEORGE S. SOWEMIMO, JUSTICE, SUPREME COURT
DANIEL O. IBEKWE, JUSTICE, SUPREME COURT br/>
PARTIES
P.O. EWARAMI
APPELLANTS
AFRICAN CONTINENTAL BANK LTD
RESPONDENTS
AREA(S) OF LAW
COMPANY LAW-INCOME TAX ASSESSMENT
SUMMARY OF FACTS
The appellants paid the income tax on the profit calculated by its auditors to the respondents, but the Principal Inspector of Taxes acting under the Companies Income Tax Act, re-assessed the appellants profit and requested that they pay a percentage of the profits arrived at as tax.
HELD
The court held that the respondent had the power to make additional assessment and did not need to discover any new fact before doing so.
ISSUES
Whether the Board had jurisdiction to invoke Section 30(a) and make additional assessment there under after it had assessed the company on assessable profits.
RATIONES DECIDENDI
SPECIAL AND GENERAL DAMAGES FOR WRONGFUL DISMISSAL
CASES CITED
1. TEXAS AUSTRALASIA LTD V. THE FEDERAL COMMISSIONER OF TAXATION (1940) 64 CLR 382
2. WESTERN SUDAN EXPORTERS V.FEDERAL BOARD OF INLAND REVENUE (1973) CCHC J/1/73
3. COMMERCIAL STRUCTURES LTD V. BRIGGS 30 TC 477
4. ANDERSON &HELSTED LTD V. BIRREL 16 TC 200
STATUTES REFERRED TO
COMPANIES INCOME ACT 1961
AUSTRALIAN INCOME ASSESSMENT ACT 1922-34
