Kenya | |||||
Kingdom Kenya 01 Limitedvs Commissioner for Domestic Taxes |
|||||
id : 25-202100  cat : Tax Appeals tribunal-Nairobi   | |||||
i) Whether withholding tax and reverse VAT ought to have been charged on Guest recognition expenses Whether VAT should have been paid on transportation of guests Whether input VAT should be restricted where exempt sales Exceeding total sales iv) Whether verse VAT should be paid on account of a time barred input VAT |
|||||
Asked by : Admin
DOF : 2016 |
|||||
SubmissionsPDF |
|||||
I) That the Respondent has erroneously characterized guest recognition expenses incurred by the Appellant as being a payment for a service, rather than pure cost recharge, and demanded withholding tax and VAT on this amount. ii) The Respondent disregarded alternative provisions in the VAT Act with respect to the deduction of input VAT. iii) The Respondent has classified transportation of tourists as being subject to VAT. iv) The Respondent has disregarded the Appellant's appeal for understanding given the inequitable position on the VAT law with respect to reclaiming VAT on travel agent commission under reverse VAT regime. |
|||||
Ruling |
|||||
The appeal partially succeeds and varies the assessment in terms of the (a),(c) & (d) and directs the Respondent to issue fresh of the findings of the Tribunal |
|||||
posted by : Admin
DOR : 02/05/2016 |
|||||