PETROLEUM INDUSTRY ACT, 2021

Section 285: Notices of assessment.

2021Section 285 of 320Federal Republic of Nigeria

1 The Service shall cause to be served personally on or sent by courier to a company which is liable to hydrocarbon tax under this Act, by way of an additional assessment or an assessment by the Service, a notice of assessment stating the —
a accounting period and the amount of its chargeable profits and chargeable tax assessed and charged upon the company;
b place at which payment of the tax should be made; and
c rights of the company under subsection (2).

2 Where any person in whose name an assessment was made in accordance with this Act, disputes the assessment, the person may apply to the Service by notice of objection in writing, to review and revise the assessment made on him and the application shall be made within 30 days from the date of service of the notice of the assessment, stating the amount of chargeable —
a profits of the company of the accounting period in respect of which the assessment is made; and
b tax and the tax which such person claims should be stated on the notice of assessment.

3 The Service, upon being satisfied that due to absence from Nigeria, sickness or other reasonable cause, the person in whose name the assessment was made was prevented from making the application within such period of 30 days, shall extend the period as may be reasonable in the circumstances.

4 After receipt of a notice of objection referred to in subsection (2), the Service may within such time and place as it shall specify, require —
a the person giving the notice of objection to furnish such particulars as the Service may deem necessary; and
b any other person, by notice, to give evidence orally or in writing in respect of any matter necessary for the ascertainment of the hydrocarbon tax payable and the Service may further require that where such evidence is given —
(i) orally, it shall be given on oath, and
(ii) in writing, it shall be given by affidavit.

5 In the event of any person assessed who has objected to an assessment made upon him agreeing with the Service as to the amount of tax liable to be assessed, the assessment shall be amended accordingly and notice of the tax payable shall be served upon the person.

6 Where an applicant for revision under subsection (2) fails to agree with the Service on the amount of the hydrocarbon tax, the Service shall give such applicant notice of refusal to amend the assessment as desired by the applicant or may revise the assessment to such amount as the Service may determine and give the applicant notice of the revised assessment and tax payable, together with notice of refusal to any subsequent request to amend the revision and, where necessary, any reference in this Act to an assessment or additional assessment shall be treated as a reference to an assessment or additional assessment as revised under the provisions of this subsection.

Cite this section

Section 285, PETROLEUM INDUSTRY ACT, 2021 (2021).

https://repo.podus.ai/laws/petroleum-industry-act-2021/section/285/