Tanzania
Tax Revenue Appeals Act
Chapter 408
- Commenced on 1 June 2001
- [This is the version of this document at 30 November 2019.]
- [Note: This legislation has been thoroughly revised and consolidated under the supervision of the Attorney General's Office, in compliance with the Laws Revision Act No. 7 of 1994, the Revised Laws and Annual Revision Act (Chapter 356 (R.L.)), and the Interpretation of Laws and General Clauses Act No. 30 of 1972. This version is up-to-date as at 31st July 2002.]
Part I – Preliminary provisions
1. Short title
This Act may be cited as the Tax Revenue Appeals Act.2. Application
This Act shall apply to Mainland Tanzania as well as to Tanzania Zanzibar.3. Interpretation
In this Act unless the context otherwise requires—"Act" means the Tax Revenue Appeals Act;"appellant" means any person who lodges an appeal before the Board or the Tribunal;"assessment" means an assessment of tax as determined or ascertained in each of the respective tax law;"Board" means the Tax Revenue Appeals Board established under section 4(1);"Commissioner General" means the Commissioner General appointed under section 16 of the Tanzania Revenue Authority Act and includes any person appointed as Commissioner in respect of any tax;[Cap. 399]"Court of Appeal" means the Court of Appeal established by Article 117(1) of the Constitution of the United Republic;[Cap. 2]"High Court" means the High Court of Tanzania or the High Court of Zanzibar;"member" in respect of members of the Board, or the Tribunal means the Chairman, Vice-Chairman and other members appointed under sections 4(2)(c) and 8(2)(c);"Minister" means the Minister responsible for finance;"party" means a person or his duly authorised agent who refers a matter or dispute to the Board or lodges an appeal in the Tribunal and includes the Commissioner General or a person authorised on that behalf;"Register" means the Register kept by the Registrar of the Tribunal or the Secretary of the Board in which all particulars relating to application or appeals are entered;"Registrar" means the Registrar of the Tax Revenue Appeals Tribunal appointed under section 10(1);"revenue" means taxes, duties, fees, levies, fines or other monies imposed by or collected under the law or the specified provisions of the laws set out in the First Schedule to the Tanzania Revenue Authority Act;[Cap 399]"Secretary" means the Secretary of the Tax Revenue Appeals Board appointed under section 6(1) of the Act;"tax" means any revenue collected or due under any written law; and"Tribunal" means the Tax Revenue Appeals Tribunal established under section 8(1).[Acts Nos. 6 of 2006; 16 of 2007 s. 24; Cap. 408]Part II – Establishment of the Tax Revenue Appeals Board and Tax Revenue Appeals Tribunal
4. Establishment and composition of Board
5. Tenure of office of Chairman and members
6. Secretary of Board
7. Jurisdiction of Board
The Board shall have sole original jurisdiction in all proceedings of a civil nature in respect of disputes arising from revenue laws administered by the Tanzania Revenue Authority.[Act No. 16 of 2007 s. 26]7A. Appeal against tax assessment
The Board shall not entertain any appeal arising from assessment of tax unless part VII of the Tax Administration Act is complied with.[Cap. 438; Acts Nos. 16 of 2007 s. 27; 10 of 2015 s. 107]8. Establishment and composition of Tribunal
9. Tenure of office of Chairman and members
10. Registrar of Tribunal
11. Jurisdiction of Tribunal
Part III – Objection to tax assesment
12. ***
[Repealed by Act No. 10 of 2015 s. 108]13. ***
[Repealed by Act No. 10 of 2015 s. 108]14. ***
[Repealed by Act No. 10 of 2015 s. 108]15. Finality of assessment
Part IV – Appeals generally
16. Right of appeal to Board and to Tribunal
17. Powers of Board and Tribunal
Part V – Proceedings of the Board and Tribunal
18. Procedure on hearing
19. Appeals affecting two or more persons
Where any appeal is lodged under this Part against any decision or act of the Commissioner General which affects, or is likely to affect two or more persons, then—20. Opinion of members
For purposes of determining any matter, the Chairman or the Vice-Chairman as the case may be, shall not be bound by the opinion of any member but, if he disagrees with the opinion of any member, he shall record the opinion of such member or members differing with him and reasons for his disagreement.21. Disclosure of interest
22. Hearing
23. Witnesses
24. Enforcement of decisions of Board and Tribunal
25. Appeal to Court of Appeal
26. Costs
Part VI – Offences and penalties
27. Offences and penalties
Part VII – Financial and miscellaneous provisions
28. Sources of funds of Board and Tribunal
29. Accounts and audit
The Secretary and the Registrar shall each respectively keep proper books of accounts in accordance with Government financial accounting system and shall be audited by the Controller and Auditor General.30. Remuneration
The Chairman, Vice-Chairmen and members of the Board and the Tribunal shall be entitled to remuneration as the Minister may determine or as may be stipulated in the letters of appointment.Part VIII – General provisions
31. Indemnity of Chairman, members of Board and Tribunal
No act done or omitted to be done by the Board or the Tribunal, the Secretary, the Registrar or any other person empowered to perform any function under this Act shall, if done or omitted to be done in good faith during or in the exercise or purported performance of any function provided under this Act, render any member of the Board or the Tribunal, the Secretary or the Registrar or such any other person personally liable.32. Seal of Board or Tribunal
33. Minister may make rules
The Minister may, in consultation with the Chief Justice, make rules generally laying down the procedure applicable for the conduct of proceedings by the Board or the Tribunal and the manner in which appeals from the Tribunal may be lodged to the Court of Appeal.34. Transitional provisions
35. Savings
Nothing in this Act shall be construed as derogating the powers of any court in which any matter which was filed in before the commencement of business by the Board or the Tribunal and which remain pending before such court but which the Board or the Tribunal has jurisdiction to entertain from continuing, concluding and finally making decision and necessary order on it.History of this document
30 November 2019 this version
Consolidation
01 June 2001
Commenced
Subsidiary legislation
Title | Numbered title |
---|---|
Tax Revenue Appeal Board Rules, 2001 | Government Notice 57 of 2001 |
Tax Revenue Appeals Board Rules, 2018 | Government Notice 217 of 2018 |
Tax Revenue Appeals Tribunal Rules, 2001 | Government Notice 56 of 2001 |
Tax Revenue Appeals Tribunal Rules, 2018 | Government Notice 222 of 2018 |
Cited documents 0
Documents citing this one 86
Judgment 80
Government Notice 2
1. | Tax Revenue Appeals Tribunal Rules, 2001 | 1 citation |
2. | Tax Revenue Appeal Board Rules, 2001 |
Act 1
1. | Customs (Management and Tariff) Act | 1 citation |
Gazette 1
1. | Tanzania Government Gazette supplement number 18 dated 2018-05-18 number 20 |
JOT Documents and Guidelines 1
1. | Court of Appeal Journal Volume 1 |
Law Reform Report 1
1. | Comprehensive Review of Civil Justice System in Tanzania |