Silver Chain Limited v Commissioner Income Tax &3 Others [2016] eKLR
Burden of Proof- The KRA must afford the Taxpayer an opportunity to be heard
The KRA must give the taxpayer the opportunity to be heard “From the pleadings, herein, I am satisfied that the applicant was not given an opportunity to explain his position on the sales reports or the entire operations of the company. What is being demanded as tax is what was unilaterally computed by the respondents. Although the respondents are empowered by the law to assess what a taxpayer ought to pay, it is prudent that while undertaking such an exercise, the taxpayer be given an opportunity to explain its position”
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