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Tancity Energy Limited v Commissioner of Domestic Taxes (Tax Appeal 460 of 2022) [2023] KETAT 558 (KLR) (29 June 2023) (Judgment)

[2023] KETAT 558 (KLR) Tax Appeals Tribunal
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Court
Tax Appeals Tribunal
Case number
558
Citation
[2023] KETAT 558 (KLR)
Decided
29 June 2023
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeTax AppealPostureAppeal from additional assessmentsCoramE.N Wafula, Cynthia B. Mayaka, Grace Mukuha, Jephtha Njagi, Ak Kiprotich
Holding

The Tribunal held that the Respondent’s assessment of the Appellant’s PAYE taxes was justifiable based on variances in employment costs subjected to PAYE and those claimed in the Income tax returns.

Facts

The Appellant, Tancity Energy Limited, was assessed additional taxes for the years 2016-2019, including VAT, Income tax, and PAYE. The Appellant objected to the assessments and filed a Notice of Appeal.

Issues

  1. Whether the Respondent’s assessment of the Appellant’s VAT and PAYE taxes was justifiable.

Reasoning

The Tribunal found that the Respondent had a valid basis for the PAYE assessment due to variances in employment costs and that the Appellant’s argument about the profit margin was not supported.

Outcome

Affirmed

Authorities cited

Legislation (3)
  • Tax Procedures Act
  • Tax Appeals Tribunal Act
  • Kenya Revenue Authority Act
Cases cited (2)
  • Tax Appeal Number 353 of 2018 Rumish Limited vs. Commissioner of Domestic Taxes
  • CCT 3/2000 Metcash Trading Limited vs. Commissioner for the South African Revenue Service and Another
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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