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Dachi Limited v Commissioner Domestic Taxes (Tax Appeal 108 of 2023) [2024] KETAT 754 (KLR) (9 May 2024) (Judgment)

[2024] KETAT 754 (KLR) Tax Appeals Tribunal
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Court
Tax Appeals Tribunal
Case number
754
Citation
[2024] KETAT 754 (KLR)
Decided
9 May 2024
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeTax AppealPostureAppeal from additional VAT assessmentsCoramGRACE MUKUHA, DR. WALTER ONGETI, GLORIA A. OGAGA, DR. ERICK KOMOLO, JEPHTHAH NJAGI
Holding

The Appeal is incompetent and the Tribunal strikes it out.

Facts

Dachi Limited appealed against additional VAT assessments issued by the Commissioner Domestic Taxes for the period July 2022. The Appellant lodged an objection and later filed a Notice of Appeal.

Issues

  1. Whether the Notice of Appeal was competently lodged within the prescribed time frame

Reasoning

The Tribunal found the Appeal was lodged beyond the 30-day statutory period and did not seek leave to file out of time. It cited TAT Appeal No. 1321 of 2022 CKL Africa Limited v Commissioner of Domestic Taxes.

Outcome

The Appeal is struck out.

Orders

  • The Appeal be and is hereby struck out.
  • Each party bears its own costs.

Authorities cited

Legislation (2)
  • Tax Appeals Tribunal Act
  • Tax Procedures Act
Cases cited (1)
  • TAT Appeal No. 1321 of 2022 CKL Africa Limited v Commissioner of Domestic Taxes
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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