Diakonie Emergency Aid Appellant

What was the relationship between the Appellant, DEA-PHC based in
South Sudan and DBG based in Somalia? Where are these institutions
registered?
2. What is a Permanent Establishment? Whether the Appellant is a
Permanent Establishment as provided for under Section 2 and 3 (2)(a)
(ii) of the Income Tax Act Cap 470 in relation to mode and manner
Judgement: Tax Appeals No. 46 of2015 Page 2
of operations between DEA Nairobi, DEA- PHC based In South
Sudan and DBG based in Somalia?

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Delmonte Kenya Limited

i) When foreign exchange differences are realized.

ii) Whether foreign exchange losses arising on conversion of debt to
equity is-an allowable expense.

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Co-Operazione Internazionale

The issues for determination on basis of both the oral and written submissions on record before Tribunal are whether;

i) PAYE is payable on emoluments paid to non-Italian expatriates working for the Appellant outside Kenya;

ii) Taxation is due on housing benefit in respect of Kenyan employees who are on foreign assignment.

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Cofftea Agencies Limited

The East Africa Tea Trade Associatlon which regulates the tea industry in East Africa restricts non-resident companies and persons from purchasing tea directly from the tea auction.

As a result, the Appellant was engaged as an agent by the Principal pursuant to a letter of engagement signed on the 3rd day of January, 2011 between the two parties.

The agreement states that the Principal will bear all costs including collection, blending, transportation, shipping and port charges. Further, the agreement states
that all costs incurred by the Appellant will be reimbursed so long as the same are supported with third party invoices.

As a consequence of making taxable supplies to the Principal, the Appellant proceeded to claim input VAT relating to the same.

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CMA CGM (K) Limited

a) Whether demurrage charges are part of freight or rent for use of containers,

(b) Whether the Principal of the Appellant who is a non- resident derived any income from Kenya.

(c) Whether the Appellant was liable to withhold tax while remitting demurrages,

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