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Mathu v Commissioner of Domestic Taxes (Appeal 369 of 2020) [2021] KETAT 158 (KLR) (15 December 2021) (Judgment)

[2021] KETAT 158 (KLR) Tax Appeals Tribunal
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Court
Tax Appeals Tribunal
Case number
158
Citation
[2021] KETAT 158 (KLR)
Decided
15 December 2021
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeTax AppealPostureAppeal from an objection decision
Holding

The Appellant's appeal is dismissed. The Respondent's objection decision is upheld, and the Appellant's objection is rejected.

Facts

The Appellant, Samuel Mwangi Mathu, runs a sole proprietorship business importing and selling secondhand shoes, handbags, and clothes. The Respondent, Commissioner of Domestic Taxes, issued an assessment for the years 2014 to August 2019, totaling Kshs 589,672,610. The Appellant objected and filed an appeal.

Issues

  1. Whether the Respondent erred in law and fact by issuing an invalid objection decision
  2. Whether the Respondent was in breach of Section 51(11) of the Tax Procedures Act
  3. Whether the Respondent erred in its assessment of tax on the Appellant

Reasoning

The Tribunal found that the Appellant did not provide sufficient supporting documents for his objections and that the Respondent had acted within the required timelines.

Outcome

Appeal dismissed

Orders

  • Objection Decision upheld
  • Appellant's objection rejected

Authorities cited

Legislation (2)
  • Tax Procedures Act 2015
  • Finance Act 2019
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
Full judgment 1.4 MB · PDF

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