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Chatur Properties Limited v Commissioner of Investigation & Enforcement (Tax Appeal 157 of 2021) [2022] KETAT 1107 (KLR) (19 April 2022) (Judgment)

[2022] KETAT 1107 (KLR) Tax Appeals Tribunal
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Court
Tax Appeals Tribunal
Case number
1107
Citation
[2022] KETAT 1107 (KLR)
Decided
19 April 2022
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeTax AppealPostureAppeal from a tax assessmentCoramAli-Aroni, Majanja
Holding

The Tribunal found that the Respondent did not err in its Objection Decision as it made appropriate adjustments to the non-revenue items provided by the Appellant.

Facts

The Appellant, Chatur Properties Limited, was found not to qualify for amnesty and was assessed for Kshs. 22,045,087.00 in tax for the period 2012 to 2016. The Respondent, Commissioner of Investigation and Enforcement, issued an objection decision for Kshs. 7,353,332.00. The Appellant appealed the decision.

Issues

  1. Whether the Respondent erred in its Objection Decision
  2. Whether the Respondent erred in treating non-revenue items captured in the company's bank statements as revenue items

Reasoning

The Tribunal noted that the Respondent made adjustments to the non-revenue items during the investigation process and that the Appellant failed to provide supporting documents for the items not adjusted.

Outcome

Affirmed

Authorities cited

Legislation (2)
  • Income Tax Act
  • VAT 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.
Full judgment 1.3 MB · PDF

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