Tax Appeals Tribunal recovers Ksh 11b in tax dispute judgements

Written By: KNA
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Increased tax base to largely finance 2019/2020 budget
More taxpayers are expected to embrace and engage the tribunal as a key arbitrator of first call and hence avoid lengthy and costly court litigation processes.
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The newly reconstituted Tax Appeals Tribunal (TAT) recently delivered 23 judgements with a revenue implication of Sh. 11,057,345,522.00.

In a statement signed by the Kenya Revenue Authority (KRA) Commissioner-Legal Services and Board Coordination, Mr. Paul. M. Matuku, the tax dispute judgements were delivered on 17th and 18th December 2019.

He said the judgement is a respite to both Kenya Revenue Authority (KRA) and taxpayers who have been eagerly waiting for the resolve of the disputes.

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The report read with this trend, more taxpayers are expected to embrace and engage the tribunal as a key arbitrator of first call and hence avoid lengthy and costly court litigation processes.

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In the recent past the Judiciary has also adopted the principle of exhaustion by referring tax disputes to the Tax Appeals Tribunal for resolution in the first instance so that tax disputes find their way to the courts by way of appeal.

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To date, the tribunal has heard 112 appeals, which are pending delivery of judgements.

The appeals entail disputed tax amounting to Sh53,646,034,677.00 whose judgements are expected to be delivered soon.

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The tax appeals cover various economic sectors such as manufacturing, insurance, banking, construction, betting, agricultural, packaging and storage among others.

The appeals whose judgments were delivered were in relation to Withholding Income Tax, tax on winnings from lotteries and betting, Customs under declaration on values of imports, Corporation Tax, Pay As Your Earn (PAYE), Excise Duty (domestic), VAT Refunds claims etc.

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