Application filed by Data Bureau dismissed

By: Filipe Naikaso


malletThe High Court of Fiji has dismissed an application for constitutional redress filed by the Data Bureau against FRCA and the Minister for Economy.

The application challenged the constitutionality of the Value Added Tax Decree amended in 2015.

This was in regards to the VAT reduction from 15 to 9 percent announced by the Minister for Economy in the 2016 National Budget.

The Data Bureau was found to have charged 32 customers for credit checks from the period of January 1st to the 16th at rates that did not incorporate the VAT reduction as announced in the 2016 Budget.

The law states that if the percentage of VAT decreases, a registered person must sell goods and services at a price which reflects the actual percentage of any VAT decrease.

Failure to comply will result in a fine not exceeding $50,000 which must be paid within 21 days.

For this breach, the Data Bureau was fined $25,000 on 22nd January this year.

The Data Bureau incurred a fine of $100,000, for failing to pay the fine on time.

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