[2025]DLSC18359 • March 11, 2025 • Supreme Court •
PERSEUS MINING GHANA LIMITED vs. COMMISSIONER GENERAL GHANA REVENUE AUTHORITY
The Commissioner General of the Ghana Revenue Authority (GRA) assessed Perseus Mining Ghana Limited's tax liability at $8,725,387.47 on 6 January 2020. Perseus objected and paid the statutory minimum tax of GH₵13,385,180.41 (equivalent to $2,501,902.88). After objection, the GRA revised the tax liability to $7,509,110.29 on 15 March 2021. Perseus appealed to the High Court which dismissed the appeal on 8 February 2022. Perseus then appealed to the Court of Appeal which overturned the High Court's decision on 1 June 2023. The Commissioner General filed an appeal to the Supreme Court on 29 August 2023.
read moreRULING ASIEDU, JSC; [1] . My Lords, the Appellant/Applicant herein, the Commissioner General of the Ghana Revenue Authority (GRA), assessed the tax liability of the Respondent, Perseus Mining Ghana Limited, on the 6th January 2020, and issued a final tax audit report with a tax liability of $8,725,387.47. [2] . The Respondent objected to the assessment and paid the statutory minimum tax required to be paid upon objection to an assessment in the sum of GH₵13, 385,180.41 which was the cedi equivalent of $2,501,902.88 [3] . After considering the objection filed by the Respondent herein, a final decision on the objection was issued by the Appellant/Applicant on the 15th March 2021 wherein the tax liability was revised to the sum of $7,509,110.29. [4] . My Lords, dissatisfied with the objection decision, the Respondent filed an appeal with the High Court which, after hearing the said appeal, dismissed same on the 8th February 2022, and, entered judgment in favour of the Appellant/A.....