THE Court of Appeal has ordered the premiere mining firm Resolute Tanzania Limited to pay back over 9.12bn/- to the Tanzania Revenue Authority (TRA) which the company previously received as a ‘refund’ on excise duty, road and fuel tolls.
Justices Kipenka Mussa, Stella Mugasha, and Rehema Mkuye ruled in favor of the TRA Commissioner General after dismissing with costs, the appeal the mining company, as appellant had lodged to fault findings of the Tax Revenue Appeals Tribunal.
“The appeal is not merited. We uphold the decision of the Tribunal, order the appellant to pay the demanded tax of 9,115,741,238.27 and accordingly dismiss the appeal with costs,” they declared in their judgment delivered recently.
During the hearing, the appellants had contended that in terms of two Government Notices issued in 2002 and 2005, she enjoyed remission which entitles her to un-refunded the sum in respect of the remitted fuel supplied to contractors and subcontractors employed to carry out mining activities.
However, the TRA Commissioner General, as the respondent, had challenged the appellant’s claims, arguing that she violated the Government Notices having supplied the remitted fuel to contractors and subcontractors, who were not entitled to enjoy remission fuel tolls.