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- Feb 11, 2007
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Yusuf Manji back in action: Continues to lock horns with TRA over outstanding 1.3bn/- tax bill
THISDAY REPORTER
Dar es Salaam
DAR ES SALAAM-based private company Quality Group Limited is still fiercely fighting an official order to pay more than 1bn/- in taxes stemming from the hugely controversial 2004 deal involving the sale of its Ubungo godowns in the city to the National Social Security Fund (NSSF) for a massive 47.5bn/-.
According to THISDAYs latest findings, the company run by local businessman Yusuf Manji has lodged yet another appeal, this time before the tax revenue appeals tribunal, opposing the 1.3bn/- tax bill imposed by the Tanzania Revenue Authority (TRA).
The appeal filed by Quality Group is also seeking for repeal of a previous judgment by the Tax Revenue Appeals Board (TRAB), which ordered the company to pay the tax bill issued by TRA.
Our sources say that after receiving the latest Quality Group appeal, the tribunal has called on both Manji�s company and the TRAB to submit written submissions before July 5 this year.
The Tax Revenue Appeals Board (TRAB) and the Tax Revenue Appeals Tribunal (TRAT) were established in 2000 with the mandate to deal with appeals made by taxpayers against bill assessments submitted by TRA.
Quality Group is apparently seeking a relief from the tax estimate submitted by TRA, as well as the ruling of the board. I am not sure what will transpire after deliberations of the tribunal, said one source familiar with the appeals process.
The secretary of the Tax Revenue Appeals Board, Respicius Mwijage, was not immediately available for comment.
Sources say Quality Group have submitted around 13 grounds of appeal to support their argument on why they should not be required to pay the tax assessed by TRA.
The company lost their previous appeal against TRAs bill assessment before the board after failing to produce key documents to authenticate the true value of the Ubungo godowns.
Independent experts have asserted that the godowns were grossly overpriced from the start, and there has been a long-running corruption probe targeting the controversial deal.
It is understood that officials from TRA began trailing the transaction between Quality Group and NSSF for revenue implications only after learning of it through a series of exclusive stories published by THISDAY.
Quality Group Limited had sold all its shares in the Quality Industrial Park to the pensions Fund in August 2004, with the warehouses on Plot No. 16 at Ubungo area in Dar es Salaam listed as the only assets of the industrial park.
In the transaction, the value of the buildings was set at 47.5bn/- and the shares of Quality Industrial Park Limited were valued at the same price, which in effect meant that NSSF had actually bought just the godowns.
Following an assessment of Quality Group Limiteds tax affairs over the period between 1999 and 2005, TRA established that the deal fell under section 13 of the 1973 Income Tax Act, as the sale of the buildings was a capital gain to the company.
In response to TRAs subsequent bill assessment, Quality Group then appealed to the Tax Revenue Appeals Board, and was required to provide authentic documentary evidence as to the true value of the buildings plus the cost incurred in their construction, for tax deductions.
Quality Group had claimed to have spent over 8.4bn/-, a figure equivalent to 21 per cent of the stated total costs of the buildings, purportedly to import steel structures for the buildings from the United States.
However, the company could not produce relevant tax invoices, receipts or importation documents for the building materials it claimed to have bought in 2003 from an American firm called Starsen Company Limited.
During the appeal hearing, lawyers representing Quality Group submitted before the board uncertified photocopies of valuation reports for the buildings. The reports, ostensibly from the chief government valuer and the University College of Lands and Architectural Studies (UCLAS), put the value of the godowns at around $40.5m or 41.8bn/-.
However, TRA lawyer Ms Asha Nassoro objected to the submission of these documents, questioning their authenticity. And the board ruled in favour of this objection, declaring that the documents were indeed not authentic.
The UCLAS management itself had long since distanced itself from the valuation of the godowns, saying the college was not involved in the deal.
The Prevention of Corruption Bureau (PCB) has been conducting an ongoing investigation into the NSSF-Quality Group deal.
It is also understood that TRA has been studying another controversial major transaction between Quality Group and another pensions fund - the Public Service Pensions Fund (PSPF). In this suspect deal also concluded in 2004, Manjis company sold its Quality Plaza building in Dar es Salaam to PSPF for 36bn/-.
There have been a lot of queries from members of parliament over PSPFs dealings with Quality Group.
THISDAY REPORTER
Dar es Salaam
DAR ES SALAAM-based private company Quality Group Limited is still fiercely fighting an official order to pay more than 1bn/- in taxes stemming from the hugely controversial 2004 deal involving the sale of its Ubungo godowns in the city to the National Social Security Fund (NSSF) for a massive 47.5bn/-.
According to THISDAYs latest findings, the company run by local businessman Yusuf Manji has lodged yet another appeal, this time before the tax revenue appeals tribunal, opposing the 1.3bn/- tax bill imposed by the Tanzania Revenue Authority (TRA).
The appeal filed by Quality Group is also seeking for repeal of a previous judgment by the Tax Revenue Appeals Board (TRAB), which ordered the company to pay the tax bill issued by TRA.
Our sources say that after receiving the latest Quality Group appeal, the tribunal has called on both Manji�s company and the TRAB to submit written submissions before July 5 this year.
The Tax Revenue Appeals Board (TRAB) and the Tax Revenue Appeals Tribunal (TRAT) were established in 2000 with the mandate to deal with appeals made by taxpayers against bill assessments submitted by TRA.
Quality Group is apparently seeking a relief from the tax estimate submitted by TRA, as well as the ruling of the board. I am not sure what will transpire after deliberations of the tribunal, said one source familiar with the appeals process.
The secretary of the Tax Revenue Appeals Board, Respicius Mwijage, was not immediately available for comment.
Sources say Quality Group have submitted around 13 grounds of appeal to support their argument on why they should not be required to pay the tax assessed by TRA.
The company lost their previous appeal against TRAs bill assessment before the board after failing to produce key documents to authenticate the true value of the Ubungo godowns.
Independent experts have asserted that the godowns were grossly overpriced from the start, and there has been a long-running corruption probe targeting the controversial deal.
It is understood that officials from TRA began trailing the transaction between Quality Group and NSSF for revenue implications only after learning of it through a series of exclusive stories published by THISDAY.
Quality Group Limited had sold all its shares in the Quality Industrial Park to the pensions Fund in August 2004, with the warehouses on Plot No. 16 at Ubungo area in Dar es Salaam listed as the only assets of the industrial park.
In the transaction, the value of the buildings was set at 47.5bn/- and the shares of Quality Industrial Park Limited were valued at the same price, which in effect meant that NSSF had actually bought just the godowns.
Following an assessment of Quality Group Limiteds tax affairs over the period between 1999 and 2005, TRA established that the deal fell under section 13 of the 1973 Income Tax Act, as the sale of the buildings was a capital gain to the company.
In response to TRAs subsequent bill assessment, Quality Group then appealed to the Tax Revenue Appeals Board, and was required to provide authentic documentary evidence as to the true value of the buildings plus the cost incurred in their construction, for tax deductions.
Quality Group had claimed to have spent over 8.4bn/-, a figure equivalent to 21 per cent of the stated total costs of the buildings, purportedly to import steel structures for the buildings from the United States.
However, the company could not produce relevant tax invoices, receipts or importation documents for the building materials it claimed to have bought in 2003 from an American firm called Starsen Company Limited.
During the appeal hearing, lawyers representing Quality Group submitted before the board uncertified photocopies of valuation reports for the buildings. The reports, ostensibly from the chief government valuer and the University College of Lands and Architectural Studies (UCLAS), put the value of the godowns at around $40.5m or 41.8bn/-.
However, TRA lawyer Ms Asha Nassoro objected to the submission of these documents, questioning their authenticity. And the board ruled in favour of this objection, declaring that the documents were indeed not authentic.
The UCLAS management itself had long since distanced itself from the valuation of the godowns, saying the college was not involved in the deal.
The Prevention of Corruption Bureau (PCB) has been conducting an ongoing investigation into the NSSF-Quality Group deal.
It is also understood that TRA has been studying another controversial major transaction between Quality Group and another pensions fund - the Public Service Pensions Fund (PSPF). In this suspect deal also concluded in 2004, Manjis company sold its Quality Plaza building in Dar es Salaam to PSPF for 36bn/-.
There have been a lot of queries from members of parliament over PSPFs dealings with Quality Group.