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Court orders KRA to refund Westgate Mall Sh3 million


THE STANDARD
NAIROBI
Westgate Mall's entry. [Jonah Onyango, Standard]
KRA will refund Westgate Sh3 million after the High Court found that it had a conflicting account of why it declined to honour its end of the bargain.
At the heart of the case is Sh33 million tax refund. The firm had requested KRA to use 30 million to offset the tax liability of its sister company Atlantic Group (K) Limited and refund the rest.
KRA first accused the firm of making an illegal claim then turned around and said it had used all the money to offset Atlantic’s tax debt.

Kenya , Justice-majanja , Justice-david-majanja , Atlantic-group , Sony-holding , Kenya-revenue-authority , High-court , West-gate-shopping-mall , Kenya-revenue , David-majanja , Kenindia-insurance , கேந்ய

Reprieve for Westgate over Sh600 million tax dispute


THE STANDARD
NATIONAL
The High Court in Nairobi has affirmed the decision by the Tax Appeal Tribunal that insurance disbursement of Sh600 million to Westgate Shopping Mall was not subject to tax.
Justice David Majanja last week dismissed an appeal by Kenya Revenue Authority against Sony Holdings Limited.
Sony Holdings is a company engaged in the business of developing, owning and letting real estate and its flagship project is the Westgate Shopping Mall from which it receives rental income.
The mall was on September 21, 2013 subjected to a terror attack that led to loss of lives and property, which greatly affected its operations. The company held a terrorism and political violence insurance cover for property damage and loss of rent receivable in the sum of Sh6 billion and Sh1.2 billion, respectively with Kenindia Assurance Company Limited.

Nairobi , Nairobi-area , Kenya , Justice-majanja , Justice-david-majanja , Kenindia-assurance-company , National-treasury , Kenya-revenue-authority , High-court , Sony-holdings , Tax-appeal-tribunal , West-gate-shopping-mall

KRA loses bid for piece of Sh4.4bn Westgate payout


KRA loses bid for piece of Sh4.4bn Westgate payout
VICTOR JUMA
The Kenya Revenue Authority (KRA) has lost a court battle for a share of the Sh4.4 billion compensation that the Westgate Shopping Mall received from Kenindia Insurance following a terrorist attack in 2013. Through the commissioner of domestic taxes, KRA wanted the court to overturn a decision of the Tax Appeals Tribunal that blocked it from demanding Sh380.3 million from the mall owners, Sony Holdings Ltd. High Court judge David Majanja dismissed the appeal saying the Commissioner failed to demonstrate any error in the Tribunal’s decision that would warrant intervention by the court. Westgate owners had argued that the taxman had unfairly classified the compensation as revenue instead of capital to justify the tax demand. However, KRA maintained that Sh600 million of the compensation should have been regarded as income and was therefore liable for payment of 30 per cent corporation tax as Westgate had informed the court that it was also set to enjoy duty exemptions. "Based on the law and evidence, the Commissioner failed to demonstrate any error, factual or otherwise, in the Tribunal’s decision that would warrant intervention by this court, said the judge while upholding the tribunal's decision of March 2020. “On the other hand, Sony Holdings was able to demonstrate before this court that the Tribunal came to the correct conclusion based on the facts and law.” Kenindia Assurance Company had paid Sony Holdings Sh3.1 billion as compensation for damage to the mall and a further Sh1.2 billion as compensation for loss of rent during the period the shopping complex in Nairobi’s Westlands remained closed. KRA was seeking a share of the Sh1.2 billion after deduction of operation expenses. The September 2013 attack by the Somalia terrorist group Al-Shabaab left 67 people dead and many others injured after gunmen stormed into the mall and opened fire on shoppers. Since its reopening, major foreign brands, including Subway, KFC and Converse, have opened outlets there, as has Carrefour, which took over the space previously occupied by Shoprite and Nakumatt Supermarket. In the court case, KRA had said that Sony Holdings had classified the Sh600 million as capital income instead of revenue income without supporting documents. Sony Holdings had faulted KRA’s decision to classify the Sh600 million as revenue, arguing that it suffered a net loss of nearly Sh1 billion after reconstructing the mall at Sh4.04 billion against a compensation of Sh3.1 billion.

Somalia , Westlands , Nairobi-area , Kenya , David-majanja , Kenindia-assurance-company , Sony-holdings-ltd , Sony-holdings-sh , Carrefour , Kenya-revenue-authority , Sony-holdings , High-court

KRA loses bid for piece of Sh4.4bn Westgate payout


KRA loses bid for piece of Sh4.4bn Westgate payout
Wednesday May 05 2021
By JOSEPH WANGUI
Summary
Through the commissioner of domestic taxes, KRA wanted the court to overturn a decision of the Tax Appeals Tribunal that blocked it from demanding Sh380.3 million from the mall owners, Sony Holdings Ltd.
High Court judge David Majanja dismissed the appeal saying the Commissioner failed to demonstrate any error in the Tribunal’s decision that would warrant intervention by the court.
The Kenya Revenue Authority (KRA) has lost a court battle for a share of the Sh4.4 billion compensation that the Westgate Shopping Mall received from Kenindia Insurance following a terrorist attack in 2013.

Somalia , Westlands , Nairobi-area , Kenya , David-majanja , Kenindia-assurance-company , Sony-holdings-sh , Sony-holdings-ltd , Carrefour , High-court , Kenya-revenue-authority , Sony-holdings

KRA loses bid to tax Westgate Mall insurance payout


THE STANDARD
BUSINESS NEWS
Kenya Revenue Authority (KRA) will not get a piece of the insurance compensation paid to the Westgate Shopping Mall owners.
The High Court on March 30 upheld a decision that the insurance payout could not be considered as income for taxation. 
On September 21, 2013 masked gunmen stormed the mall in Nairobi, launching grenades and firing indiscriminately at panicked shoppers where a three-day siege with security forces ensued. 
By the end of the siege, more than 70 people had died, dozens injured and significant damage caused to the mall and property around it.
READ MORE
Sony Holdings Ltd, the developers and owners of Westgate Mall, held a terrorism and political violence insurance cover with Kenindia Assurance Company.

Kenya , Nairobi , Nairobi-area , David-majanja , Justice-majanja , Kenindia-assurance-company , Sony-holdings-ltd , High-court-on , Kenya-revenue-authority , Sony-holdings , High-court , West-gate-shopping-mall

Abdul, the unlikely politician


THE STANDARD
Abdulkadir Mohamed Haji (
pictured), Senator-elect for Garissa County, carries the hopes of residents who looked up to his late father, Garissa Senator Yusuf Haji.
“Some people expect me to fill the shoes of my father, but it is not an easy task,”  the 46-year-old said in an interview yesterday.
He is modest in his concession that it will not be easy for him to follow in his father’s footsteps.
He will also have to put up with being known as the younger brother to Director of Public Prosecution Noordin Haji.
Read More
But he came out of the shadows of the two men in a spectacular way in 2013, as the Westgate Shopping Mall hero.

Kenya , Garissa , North-eastern , Kenyans , Mohamed-haji , Garissa-county , Garissa-senator-yusuf , Public-prosecution-noordin , West-gate-shopping-mall , Garissa-senator-elect , கேந்ய

CNN Newsroom Live-20150718-07:13:00

besieged by police and military with gunfire ringing out. it was an agonizing 80-hour siege for ken yeah. the gunman killed 67 kenyans and foreigners. >> i spent quite a few hours at westgate waiting for help. >> reporter: many who survived still bear the scars. she was shot five times. >> they are quite prominent. these really really tiny ones but if you feel them, there is balls of metal. >> reporter: she was taking part in a children's cooking competition. he cradled a small boy she didn't know as he died in her arms. >> out of a mark of respect of those who died there i will not be able to walk in there. i think it's opening up as a shopping mall.

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CNN Newsroom Live-20150718-07:15:00

>> it was there at the rooftop. >> reporter: this man works at the same jewelry store, determined to return to work at westgate. >> if you don't go back or if you give up these people they think that we are too -- we are weak. or we are coward. but life has to go on. we have to show them we have courage. the gunmen were here. >> reporter: he hid here for three hours watching gunmen pump bullets mostly into women and children. although they differ on whether westgate should open up or not all three agree they are survivors, not victims. we have been hearing a lot of that sentiment, people saying they are indeed survivors, not victims and remembering also the heroism of that day, how many civilians as well as police and military went in to try to save

Karen , People , Man , West-gate-shopping-mall , Store , Rooftop , Jewelry , Life , Courage , Gunmen , Three , Children

Detailed text transcripts for TV channel - MSNBC - 20150718:16:42:00

both countries. if we move with the speed, if everything moves well if nothing gets out of hand. we'll see so much more openings. >> let's hope. thank you so much. >> thank you. looking at other stories making news. in nairobi, kenya, the west gate shopping mall reopened today for the first time since being attacked by al shabab militants. isis is now claiming responsibility for a deadly truck bombing in iraq. at least 115 people were killedment it happened when the mostly shiite victims were gathered to mark the end of ramadan. this is one of the deadliest single attacks in iraq in the past decade. weather is putting a damper on the british open. it's headed for a monday finish after the second round was suspended. then this morning after only 32 minutes, play was halted again by high winds. it will be the first monday finish at the british open since

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