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Horizons Group Limited v Commissioner of Domestic Taxes (Appeal 700 of 2022) [2023] KETAT 575 (KLR) (29 June 2023) (Judgment)

[2023] KETAT 575 (KLR) Tax Appeals Tribunal
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Court
Tax Appeals Tribunal
Case number
575
Citation
[2023] KETAT 575 (KLR)
Decided
29 June 2023
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeTax AppealPostureAppeal from an Additional AssessmentCoramROBERT M. MUTUMA, ELISHAH N. NJERU, RODNEY O. OLUOCH, DELILAH K. NGALA
Holding

The Tribunal finds that the Respondent did not err in confirming the part of the assessment that remained unsupported by the Appellant.

Facts

The Respondent identified inconsistencies in VAT returns filed by the Appellant and issued an assessment of Ksh. 5,046,074.51. The Appellant filed an objection, but the Respondent confirmed the assessment after the Appellant did not provide additional supporting documents.

Issues

  1. Whether the Respondent erred in confirming the Additional Assessment

Reasoning

The Tribunal notes that the Appellant provided sufficient proof in the form of VAT returns, tax invoices, and bank statements, but did not provide further documents to support its claim. The Tribunal holds that the Respondent can confirm the assessment based on the availed documents.

Outcome

The Appeal is dismissed, and the Respondent’s objection decision is upheld.

Orders

  • The Appeal is dismissed.
  • The Respondent’s objection decision is upheld.
  • Each party bears its own costs.

Authorities cited

Cases cited (1)
  • Afya Xray Limited vs Commissioner of Domestic Taxes TAT Appeal No. 70 of 2017
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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