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Goda Investment Limited v Commissioner of Domestic Taxes (Tax Appeal 979 of 2022) [2023] KETAT 540 (KLR) (1 September 2023) (Judgment)

[2023] KETAT 540 (KLR) Tax Appeals Tribunal
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Court
Tax Appeals Tribunal
Case number
540
Citation
[2023] KETAT 540 (KLR)
Decided
1 September 2023
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeTax AppealPostureAppeal from a decision invalidating an objection to a tax assessmentCoramGrace Mukha, Erick Komolo, Gloria Ogaga, Timothy Vikuru
Holding

The Tribunal finds that the Respondent did not err in invalidating the Appellant's objection application.

Facts

The Appellant, a building materials supplier, had declared sales of Kshs 24,788,836.00 but IFMIS indicated total payments of Kshs 83,471,484.00 during the period January 2017 to December 2019. The Respondent issued an assessment order of Kshs 2,742,096.00. The Appellant lodged a late objection via the iTax platform.

Issues

  1. Whether the Respondent erred in invalidating the Appellant's Objection application

Reasoning

The Tribunal determined that the Appellant's late objection was more than one year after the assessment notice, and the Appellant did not provide evidence to support its reason for the delay. The Tribunal also noted that the Respondent acted within statutory timelines.

Outcome

The Appeal is dismissed, and the Respondent's invalidation decision is upheld.

Orders

  • The Appeal is dismissed.
  • The Respondent's invalidation decision is upheld.
  • Each party shall bear its own costs.

Authorities cited

Legislation (3)
  • Taxpayer Appeal Act (TPA)
  • Companies Act
  • Kenya Revenue Authority Act
Cases cited (1)
  • Equity Group Holdings Limited v Commissioner of Domestic Taxes (2021)
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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