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Intellecap Advisory Services Private Limited v Commissioner of Domestic Taxes (Tax Appeal 183 of 2017) [2021] KETAT 60 (KLR) (Appeals) (23 July 2021) (Judgment)

[2021] KETAT 60 (KLR) Tax Appeals Tribunal
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Court
Tax Appeals Tribunal
Case number
60
Citation
[2021] KETAT 60 (KLR)
Decided
23 July 2021
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeTax AppealPostureAppeal from an objection decisionCoramRoland
Holding

The Tribunal determined that the services provided by the Appellant to the World Bank and Shell Foundation were taxable supplies.

Facts

The Appellant, Intellecap Advisory Services Private Limited, provided consultancy services to the Shell Foundation and the World Bank from December 2015 to June 2017. The Respondent, Commissioner of Domestic Taxes, assessed VAT on these services and the Appellant filed an appeal.

Issues

  1. Whether the transaction between the Appellant and the World Bank and Shell Foundation amounted to supply of services.
  2. Whether the Respondent erred in demanding VAT from the Appellant.

Reasoning

The Tribunal found that the services were taxable based on the definitions provided in the VAT Act, as they were provided in the course of business and were not exempt supplies.

Outcome

Affirmed the assessment of VAT

Authorities cited

Legislation (1)
  • VAT Act
Cases cited (1)
  • Commissioner of Domestic Taxes v Total Touch Cargo Holland (2018) eKLR
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 0.9 MB · PDF

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