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Smartech Limited v Commissioner of Domestic Taxes (Appeal 483 of 2020) [2021] KETAT 167 (KLR) (Appeals) (23 July 2021) (Judgment)

[2021] KETAT 167 (KLR) Tax Appeals Tribunal
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Court
Tax Appeals Tribunal
Case number
167
Citation
[2021] KETAT 167 (KLR)
Decided
23 July 2021
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeTax AppealPostureAppeal from a tax assessment
Holding

The Appeal is not properly before the Tribunal due to the Appellant's failure to comply with the Respondent's request for documents and the lack of a valid notice of objection.

Facts

The Appellant, Smartech Limited, was assessed Kshs. 1,428,624.83 for Value Added Tax (VAT) in November 2019. The Appellant objected to the assessment and the Respondent confirmed the assessment on June 23, 2020. The Appellant filed an appeal out of time.

Issues

  1. Whether the Appeal is properly before the Tribunal
  2. Whether the assessment of Kshs. 1,428,624.83 should be upheld

Reasoning

The Tribunal found that the Appellant did not comply with the Respondent's request for documents and did not lodge a valid notice of objection. The Tribunal also noted that the Appellant did not receive the confirmation of the assessment in time due to a communication breakdown.

Outcome

The Appeal is dismissed.

Authorities cited

Legislation (2)
  • Tax Procedures Act
  • Tax Appeals Tribunal Act
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.
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