Section 44 of the Revenue Administration Act, 2016 (Act 915) was amended by Revenue Administration (Amendment) Act, 2020 (Act 1029) to make provision for appeal to the Independent Tax Appeals Board (ITAB) where a person is dissatisfied with the decision of the Commissioner-General. That is, an appeal shall lie at the Independent Tax Appeals Board (ITAB) within thirty (30) days from the date the decision was served on the person.
Paragraph 1 of the Fourth Schedule of Act 1029 established the Independent Tax Appeals Board (ITAB), giving effect to Section 44 as amended by Act 1029.
The courts through a plethora of cases including; Kwasi Afrifa v Commissioner General of the Ghana Revenue Authority, Richard Amo-Hene v Commissioner General of the Ghana Revenue Authority, and Export Finance Company Limited v Commissioner General of the Ghana Revenue Authority affirmed the laid down appeal process which requires that, where a person is dissatisfied with the decision of the Commissioner-General, that person can appeal to the Independent Tax Appeals Board (ITAB) and a further appeal to the High Court.
Though the Courts made references to the Independent Tax Appeals Board (ITAB) in its judgments, the Appeals Board at the time of these judgments was not set up by the Minister of Finance.
After two of coming into force of the Revenue Administration (Amendment) Act 2020, Act 1029, the Tax Appeals Board was inaugurated on the 21 January 2023.
Eleven members shall be appointed to the appeals board in accordance with Paragraph 3 of the Fourth Schedule of Act 1029.
Membership of the Appeals Board
In line with Paragraph 3 of the Fourth Schedule of Act 1029, the following eleven (11) members board have been inaugurated. These are;
Other members of the board are;