Tax

Summary of ruling

  • The Applicant manufactures steel products.
  • The Application seeks a declaration that the revocation of the duty remission granted to the Applicant for the financial year 2023/2024 was unlawful and in contravention of Regulation 15 of EACCMA.
  • The Applicant also seeks a declaration that they are entitled to duty remission for the consignment of steel wire rods procured and shipped on 1st April 2024 prior to the revocation of the remission.
  • The decision did not comply with the rules for the decision-making process in as far as the reasons for revocation were not communicated in April 2024 when the decision was made.
  • Therefore, the revocation of the Applicant’s duty remission was procedurally improper and unlawful.
  • There was failure to apply the scheme uniformly and objectively to all importers of the relevant products.
  • Application allowed with costs.

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