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Tabahu Investment Limited v Commissioner of Domestic Taxes (Tax Appeal E979 of 2024) [2025] KETAT 233 (KLR) (Commercial and Tax) (16 May 2025) (Judgment)

[2025] KETAT 233 (KLR) Tax Appeals Tribunal
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Court
Tax Appeals Tribunal
Case number
233
Citation
[2025] KETAT 233 (KLR)
Decided
16 May 2025
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeTax AppealPostureAppeal from a decision to confirm an assessmentCoramCHRISTINE A. MUGA, ELISHAH N. NJERU, EUNICE N. NG’ANG’A, OLOLCHIKE S. SPENCER
Holding

The Tribunal finds and holds that the Appeal lacks merit and dismisses it.

Facts

Tabahu Investment Limited appealed against the Commissioner of Domestic Taxes' confirmation of an additional tax liability of Kshs 359,176,753.00 for the period January 2018 to December 2021. The Appellant claimed the Respondent erred in law and fact by subjecting non-existent income to income tax.

Issues

  1. Whether the Respondent erred in confirming its assessment

Reasoning

The Tribunal held that the Respondent did not err in confirming its assessment, as the Appellant failed to provide the requested documents and did not demonstrate that it incurred the expenditure in earning the income.

Outcome

Appeal dismissed

Orders

  • Respondent's objection decision dated 23rd July 2024 be and is hereby upheld
  • Each party to bear its own cost

Authorities cited

Cases cited (1)
  • Commissioner of Domestic Taxes v Trical and Hard Limited (Tax Appeal E146 of 2020) [2022] KEHC 9927 (KLR)
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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