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Precursor Executive Classroom

Lecture 76 Β· The taxman refused a refund on an audit report it never showed, and the tribunal ordered the money paid.

𝑻𝒉𝒆 π‘ͺ𝒂𝒔𝒆 π‘Ήπ’π’π’Ž: Doll overpaid KSh 54 million, and the taxman issued a voucher acknowledging it, then rejected his refund five times, the last time citing an audit report it would not produce. The tribunal held a decision resting on hidden evidence is unfair, and ordered the refund within ninety days.

By The Precursor Editorial Team, Tax and financial judgement Β· 4 min read,
Lecture 76 Β· The taxman refused a refund on an audit report it never showed, and the tribunal ordered the money paid.

Illustration: Precursor

You overpaid your tax, corrected the return, and the authority approved the correction and even issued its own voucher acknowledging that it owes you the money. Then it refuses to pay, rejecting your refund again and again, and the final rejection rests on an audit report it will not let you see.

Put yourself in the taxpayer's chair. When the authority rejects your refund on a report it will not show you, can that decision stand?

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The Precursor Editorial Team

Precursor is published by the FinTech Association of Kenya and exercises independent editorial judgement under the Editorial Independence Charter. This article is labelled Precursor Executive Classroom, which marks commercial material. Knowledge on Tax and financial judgement.

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Precursor Executive Classroom

Lecture 126 Β· A director kept meeting the taxman instead of appealing, and four years on the bill had only grown.

𝑻𝒉𝒆 π‘ͺ𝒂𝒔𝒆 π‘Ήπ’π’π’Ž: KRA confirmed a KSh 899,328 income-tax bill against Saphira, and its director spent four years in meetings and relied on his compliance certificates instead of appealing. The tribunal held meetings do not stop the thirty-day clock, a certificate is not proof of payment, and refused leave to appeal out of time; the debt had grown to KSh 1.4 million.

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Lecture 125 Β· A rice importer called cleaning and repacking manufacturing, and the court said packaging is not making.

𝑻𝒉𝒆 π‘ͺ𝒂𝒔𝒆 π‘Ήπ’π’π’Ž: Mjengo claimed an investment deduction on KSh 1.5 million of machinery that cleaned and repackaged imported rice, calling it manufacturing. Through three forums the ruling held that packaging alone is not making goods, the rice remained rice, and a definition framed with 'means' is exhaustive. The deduction was refused.

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Lecture 124 Β· A contractor said the money was his clients', had no agreements to show it, and the assessment stood.

𝑻𝒉𝒆 π‘ͺ𝒂𝒔𝒆 π‘Ήπ’π’π’Ž: KRA billed MU-BEI KSh 1.7 million after its eTIMS invoices far exceeded its declared sales. The company said the money was clients' funds for materials, passed on as an agent, but had no written agency agreements and no reconciliation. The tribunal held VAT fell due on the invoices and dismissed the appeal.

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