Section 41 Nigeria Tax Administration Act 2025

Section 41 of the Nigeria Tax Administration Act 2025 is about Revision of assessment in case of objection. It provides as follows:

(1) Where a taxable person disputes a tax assessment, the taxable person may, by a written notice of objection delivered in person, by courier service or via electronic means, apply to the relevant tax authority for the revision and amendment of the assessment made on it.

(2) An application under subsection (1) shall only be valid if it –
(a) is delivered to the relevant tax authority within 30 days from the date of service of the disputed notice of assessment ; and

(b) contains the grounds of objection to the assessment, that is the –
(i) specific issues disputed or errors observed with their monetary values,
(ii) amendment required to be made so as to resolve the dispute or correct the error,
(iii) justification for the amendments,

(iv) amount of assessable and total profits, income or value of transactions admitted by the taxable person for the relevant reporting period, and
(v) amount of tax admitted by the taxable person or that no amount of
tax is admitted as payable.

(3) Notwithstanding the provisions of subsection (2), the relevant tax authority may, for any satisfactory and good cause shown, extend the time for making the application referred to in subsection (1) to such reasonable time in the particular circumstances.

(4) Upon receipt of the notice of objection referred to in subsection (1), the relevant tax authority may –
(a) require the taxable person to furnish such particulars as it may deem necessary and to produce all books or other documents relating to the profits, income or transactions of the taxable person ; and

(b) summon any person to give evidence in respect of the assessment to appear for examination before an authorised officer of the relevant tax
authority or make a declaration on oath in respect of the assessment.

(5) Where the taxable person and the relevant tax authority agree as to
the amount of tax to be assessed, the disputed assessment shall be amended and a revised notice of the tax payable shall be served on the taxable person.

(6) The relevant tax authority shall respond to the objection notice within
90 days, otherwise the objection of the taxpayer shall be upheld.

(7) Where the relevant tax authority considers the notice of objection
submitted by the taxable person as invalid or where the taxable person and the relevant tax authority do not agree as to the amount of tax to be assessed, the
taxpayer may exercise the right of appeal.

(8) Where a taxpayer is dissatisfied with the judgement of the Tax Appeal
Tribunal, it may appeal to the High court, provided that it shall pay 20% of the
disputed amount into an account designated by the High Court as security
before the hearing of the appeal, and include the evidence of payment while
filing the notice of the appeal.

(9) A party dissatisfied with the decision of the High Court may appeal to the Court of Appeal, while an appeal against the judgement of the Court of Appeal shall be to the Supreme Court.

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