Injunction on E-Levy: E-Levy collection to still commence on May 1 – GRA boss says
Commissioner General of the Ghana Revenue Authority (GRA), Dr Ammishaddai Owusu-Amoah, has said the collection of the electronic transactions levy (E-Levy) will still commence on May 1, 2022.
The collection of the tax, the Commissioner General noted, will be despite the interlocutory injunction secured on the implementation of the E-Levy on May 1, 2022, by the Minority Caucus in Parliament.
Making the assertion in an interview monitored by norvanreports, the Commissioner General noted that, the decision of the GRA to go on with the collection of the said charge is due to the fact that, it has not been restrained from collecting the tax by the Attorney-General (AG).
Adding that, his outfit has not also been served with the suit against the implementation of the E-Levy.
“The Authority has not been served with the injunction and so for us everything is going on ahead as planned. I will say that if I am served with the injunction, I will comply with what the injunction says, but as at now, I cannot say we have stopped in our tracks to implementing it.
“And even with that, it is the duty of the Attorney General to tell me whether to stop or not because it is the representative of government agencies, and so therefore if I am advised by the Attorney-General to restrain from collecting the tax or do any other thing, I will comply with it, but for now, we are still moving on,” he stated.
Given the assertions made by the Commissioner-General, the Authority seems unperturbed by the suit and injunction on the implementation of the E-Levy on May 1.
According to the Minority in Parliament, should the GRA continue with its plan to implement the tax on May 1, it will be in contempt of the Supreme Court.
Read: Ghanaian banks fail to make top 10 largest banks in Africa list
E-Levy in limbo as Minority files interlocutory injunction against implementation
Minority Leader in Parliament, Haruna Idrissu, and two NDC MPs are urging the Supreme Court to restrain the Ghana Revenue Authority (GRA) from its planned implementation of the Electronic Transactions Levy on May 1.
Together with Mahama Ayariga and Samuel Okudzeto Ablakwa, the MPs have sued the Attorney-General arguing that Parliament did not have the required number of at least half of its members present when the controversial tax policy was approved.
Before the case is determined by the Supreme Court the legislators want this interim measure in place.
“That since the constitutional validity of the passage of the Electronic Transfer Levy Act, 2022(Act 1075) is the gravamen of our claim before the Honourable Court, it is proper, just, and equitable that the Government of Ghana through the GRA or its officers and agents are restrained from commencing with the implementation of the Levy until the determination of the substantive suit before the Honourable Court”, documents filed on behalf of the three legislators say.
Private legal practitioner, Godwin Tameklo who filed the documents on behalf of the MPs, says a failure to restrain the GRA would create a situation of possible irreparable harm to taxpayers.
“That unless the Ghana Revenue Authority is restrained, irreparable harm would be occasioned to the Plaintiffs and also to millions of citizens of Ghana and all other persons in Ghana on the basis that if the Court nullifies the passage of the Electronic Transfer Levy Act, 2022(Act 1075), the government would not be in the position to reimburse all the monies paid by the millions of citizens of Ghana and all other persons.
This will lead to the unfortunate situation of government unjustly enriching itself based on illegality at the expense of the citizens of Ghana and all other persons in Ghana.”
