High court has temporarily stopped the prosecution of Kentsta Metal & Hardware Limited director over failure to pay more than Sh 26.6 million tax.
This is after the firm’s director Bhupen Vichand Gala filed an application challenging the decision to charge him of the allegedly unpaid taxes.
The court has suspended the criminal charges pending hearing and determination of application.
He is expected to face six counts of tax related offences.
According to a charge sheet filed in court Vichand is accused that on diverse date between April 20 and 20 December 2015 being director of Kentsta Metal & Hardware Limited a liability company jointly with others not before court , knowingly made an incorrect statement in VAT returns for the month of April ,May, September, October, November, December 2015 thereby affecting payment of value added tax of Sh 5,128,263 to the Commissioner Domestic Taxes.
Kenya Revenue Authority also accused the company and director Bhupen that on or November 30, 2015 being director of Kentsta Metal & Hardware Limited jointly with another not before court deliberately failed to pay corporation tax amounting to Sh 9,615,49 to the commissioner of domestic taxes for the year 2015.
Prosecution further accuses the Kentsta Metal & Hardware Limited and the director for deliberately defaulting to remit value added tax by the due date amounting to Sh 5,128,263 to the commissioner domestic taxes.
The director and his company are also facing other three counts of knowingly making incorrect statement, deliberately defaulting to remit value added tax and failing to pay tax contrary to tax procedure act.
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