Assessments may not be issued after five years from the last date of the reporting period to which the assessment relates, unless the taxpayer is found to have engaged in fraud.

Section 29 Tax Procedures Act (TPA)

The Tribunal observed that the Tax Procedures Act (TPA) under Section 29 provides that an assessment shall not be made after five years immediately following the last date of the reporting period which the assessment relates unless the taxpayer is adjudged to be fraudulent. In light of this, the Tribunal noted that the date of the assessment was 19th October 2013 yet the reporting period utilized in generating the assessment began in 2012. Further, the Respondent did not provide any evidence that the Appellant was engaged in gross misconduct and fraudulent activities. The Tribunal therefore held that the assessment for the period 2012 up to 18th October 2013 was time-barred and should be expunged.