Objections and appeals
Tax authorities may make an assessment (by way of written notice) of the tax due and payable or the excess amount to be carried forward in situations where:
a taxable person fails to register for VAT
a person fails to submit their VAT return
a person fails to keep proper records
a person wrongly benefits from a repayment of tax
a person fails to remit to the tax authorities any VAT charged on any supply made by them
a person fails to furnish information, or to produce books and records or to provide access to computers and other electronic devices to the tax authorities.
Where a person is not agreeable to an assessment made by the tax authorities, they may lodge an objection within 28 days of the date of the notice and pay 10% of any amount claimed in the assessment. The notice of objection must clearly specify the grounds of objection, the amendments to be made to correct the decision and the reason for the amendments.
After considering the objection, the tax authorities will:
disallow or allow it, in whole or in part
determine the objection
where appropriate, amend the assessment accordingly.
The tax authorities will then give a notice of determination to the person under assessment.
If the person is aggrieved by the decision of the tax authorities, they may lodge an appeal to the Assessment Review Committee (ARC). At the ARC level, the person may reach an agreement with the tax authorities by conducting informal meetings.
Otherwise, the case is heard before the Chairman of the ARC.
Where a person is still not satisfied by the decision of the ARC, they may reach out to the Supreme Court of Mauritius or to the Privy Council of the United Kingdom, which is the final court of appeal in Mauritius.
The tax authorities in Mauritius have equally set up an Alternative Tax Dispute Resolution (ATDR) Panel to resolve tax disputes. The ATDR acts as a third party to determine the dispute. The following conditions are applicable for review under ATDR:
the amount of tax payable under dispute should exceed Rs10m
the applicant must have —
objected to the assessment
lodged representations at the ARC
appealed to the Supreme Court/Judicial Committee of the Privy Council.
the grounds of dissatisfaction should be the same as those in the notice of objection/notice of appeal
the applicant should not have been convicted of an offence or should not be the subject matter of an enquiry relating to trafficking of dangerous drugs, money laundering, financing of terrorism or corruption.
The application is referred to the ATDR Panel within one month of receipt. The decision of the ATDR is finalised in less than six months from the date the application is referred to the panel.
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