Tax Appeals Tribunal has upheld the decision by the Kenya Revenue Authority (KRA) to demand Import Declaration Fees (IDF) amounting to Kshs. 14,330,770 from Air Kenya Express Ltd.

The company, which was the Appellant in the case, had argued that its goods were exempted from payment of IDF, and  that  the  Authority had used the  wrong percentage of 2.5% instead of 2.0% while calculating the fees assessed, leading to an overcharge. The Tribunal however noted that although the company’s goods (aircraft and aircraft spares) were exempt from having to submit IDF, they were not exempt from payment of IDF as the regulations did not in any express manner exempt the goods.

On the issue of the alleged wrong computation, the Tribunal noted that the company did not provide any proof of payment as required by Section 30 of the Tax Appeals Tribunal Act 2013 and the allegation was therefore not tenable. Consequently, the Tribunal upheld the objection decision and the assessed amount, penalties and interest.

Commissioner
Legal Services & Board Coordination.