GROUNDS OF JUDGMENT

Introduction

By way of enclosure one (1), the plaintiff sought for the following prayers:

“1. Declarations that:

(a)The Director General of (the) Inland Revenue Board has wrongfully determined under Section 21 of the Income Tax Act 1967 (Act 53) (Revised 1971) that the basis period of the Plaintiff is as follows:

1st May 1998 to 30th April 1999 to be taxed for the year of assessment 2000 on preceding year basis;

1st May 1999 to 31st December 2000 to be taxed for the year of assessment 2000 on current year basis;

1st January 2001 to 31st December 2001 to betaxed for the year of assessment 2001;

and such determination by the Director General of Inland Revenue Board is consequently invalid and/or null and void.

(b)Alternatively, the Director General of the Inland Revenue Board in arriving at his decision (as) set out in paragraph (a) above, erred in law and on the facts in invoking the anti avoidance provisions embodied in Section 10 of the Income Tax (Amendment) Act 1999.

(c) The Director General of the Inland Revenue Board ought to have determined the basis periods for the Plaintiff as follows:

1stMay 1998 to 31st December 1999 to be taxed for the year of assessment 2000