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Baker Hughes Eho Limited (Kenya Branch) v Commissioner of Legal Services and Board Coordination (Tax Appeal 1189 of 2022) [2023] KETAT 548 (KLR) (13 October 2023) (Judgment)

[2023] KETAT 548 (KLR) Tax Appeals Tribunal
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Court
Tax Appeals Tribunal
Case number
548
Citation
[2023] KETAT 548 (KLR)
Decided
13 October 2023
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeTax AppealPostureAppeal from a tax assessmentCoramE N Wafula, CYNTHIA B. MAYAKA, RO OLUOCH, E NG'ANG'A, AK KIPROTICH & B GITARI
Holding

The Tribunal found that the Respondent was justified in confirming the assessment, as the Appellant failed to provide crucial documents that could have helped the Respondent verify the accuracy of the WHT claims.

Facts

Baker Hughes Eho Limited (Kenya Branch) appealed against an assessment of Income tax and Withholding Tax by the Commissioner of Legal Services and Board Coordination. The Appellant claimed the assessment was overstated due to the method used to determine inter-company rental costs.

Issues

  1. Whether the Appellant's assessment of Income tax and WHT was justifiable

Reasoning

The Tribunal held that the Appellant did not provide necessary financial statements, purchase invoices, and other documents that could have supported its transactions and verified the accuracy of the WHT claims.

Outcome

Affirmed the assessment

Authorities cited

Legislation (1)
  • Tax Procedures Act, 2015
Cases cited (1)
  • Commissioner of Domestic Taxes v Altech Stream (Ea) Limited (2021) 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.
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