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Kenafric Bakery Limited v Commissioner, Domestic Taxes (Income Tax Appeal E070 of 2020) [2023] KEHC 18859 (KLR)

Words in a tax statute should be given their ordinary meaning, with no room for intendment or presumption/ Interpretation of statute

“It is generally agreed that words in a tax statute should be given their ordinary meaning, with no room for intendment or presumption; that the approach taken should not produce an injustice to either party or an absurd result; that the statute should be read holistically and in full knowledge of the intent, paying attention to the context of its enactment by the legislature.” (see decisions such as Republic v Commissioner of Domestic Taxes Large Tax Payer’s Office Ex-Parte Barclays Bank of Kenya Ltd [2012] eKLR and T.M. Bell v Commissioner of Income Tax [1960] EALR 224)

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Author
Firu
Category
Litigation Corner, Pleading Aids
Firu Africa

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