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Failed burden of proof costs Kenya Power supplier Sh317m tax fight
The tax dispute began in March 2025 after the Commissioner of Domestic Taxes issued Harley Berry Limited an additional assessment of Sh317.9 million for VAT covering 2022 to 2024.
A Kenya Power supplier has lost a Sh317 million tax dispute after a tribunal upheld the taxman's assessment over unsupported input-tax claims. This brings renewed attention to the company behind a Sh2.9 billion Kenya Power smart metre contract that drew a lot of public debate and scrutiny about three years ago.
The Tax Appeals Tribunal dismissed Harley Berry Limited's appeal following a finding that it failed to provide documents supporting its claim that the tax assessment was wrong.