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Diwa Traders Limited v Commissioner of Legal Services & Board Coordination (Tax Appeal 983 of 2022) [2023] KETAT 541 (KLR) (13 October 2023) (Judgment)

[2023] KETAT 541 (KLR) Tax Appeals Tribunal
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Court
Tax Appeals Tribunal
Case number
541
Citation
[2023] KETAT 541 (KLR)
Decided
13 October 2023
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeTax AppealPostureAppeal from a decision rejecting an application for extension of time to lodge a notice of objectionCoramROBERT M. MUTUMA, MUTISO MAKAU, ELISHAH N. NJERU, DR. WALTER ONGETI, BONIFACE K. TERER
Holding

The Respondent was justifiable in rejecting the Appellant’s application for extension of time as the decision was made within statutory timelines and the Appellant presented its grounds on the same day the decision was issued.

Facts

The Appellant, Diwa Traders Limited, disputed additional assessments of VAT and Income tax by the Respondent, Commissioner of Legal Services & Board Coordination. The Appellant lodged notices of objection but was later invalidated. The Appellant then appealed the invalidation.

Issues

  1. Whether the Respondent’s decision rejecting the Appellant’s application for extension of time was justifiable

Reasoning

The Tribunal found that the Respondent complied with the statutory timelines and the Appellant presented its grounds on the same day the decision was issued, thus the Respondent’s decision was justifiable.

Outcome

The Appeal is unmerited and the Respondent’s decision is upheld.

Orders

  • The Appeal is dismissed.
  • The Respondent’s decision is upheld.
  • Each party bears its own costs.
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 0.2 MB · PDF

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