The Tribunal dismissed an application to extend time for a tax review, finding the applicant gave no reasonable excuse for missing the statutory deadline.
The Tax Appeals Tribunal granted Farola Supplies Limited leave to file its tax review application out of time, accepting that counsel’s failure should not be visited on the company.
The Tribunal dismissed an application to extend time for filing a tax review, finding that service of the objection decision was valid and the nearly four-year delay was unjustified.
The Tribunal dismissed an application to extend time to object to a tax assessment, finding the delay unjustified and the Commissioner's refusal reasonable.
The Tribunal dismissed Kansai Plascon’s application to extend time to object to a tax assessment, finding no illegality, irrationality, or impropriety in URA’s refusal.
Photon Technologies Ltd v The Commissioner General Uganda Revenue Authority (Miscellaneous Cause No. 14 of 2016) [2016] UGCommC 69 (5 October 2016)
Court
Commercial Court of Uganda
Case number
Miscellaneous Cause No. 14 of 2016
The court found that the Respondent failed to provide any documentary evidence of a written objection decision served on the Applicant within the statutory 30-day period after the objection was lodged. The Respondent's reliance on a demand for taxes did not satisfy the statutory requirement for a written objection decision. Under section 33B(6) of the Value Added Tax Act, the Applicant was entitled to elect to treat its objection as allowed, and this election was binding on the Respondent. Any enforcement or recovery measures taken by the Respondent after the Applicant's election were ultra v…