BY NT CORRESPONDENT.
Trial of HouseMart Company Limited Director 2.2 billion case has been pushed to next month.
This is after Kenya Revenue Authority prosecutor told the court that, they have not managed to supply evidential documents to the accused person.
“We are waiting for some information from registrar of companies that may lead witness to record more statement” Said prosecutor.
Accused Director Ye Wel and Housemart Company Limited through his lawyer confirmed they have not been served with documents. Senior Principal Magistrate Kennedy Cheriyoit directed the criminal case to be mentioned on 13 of November for to confirm whether accused person has been supplied with the documents.
Director Ye Wel and Housemart Company Limited are accused that on diverse dates between 1st January, 2017 and 30th June 2018 with others not before court, being Housemart Company Managing Director willfully defaulted in paying Kshs. 154,328,071.
Kenya Revenue Authority further accuses Ye Wei and the company for willfully defaulting in paying Kshs. 583,353,575 being income tax payable to the commissioner of Domestic Taxes in contravention of the said Act.
The are also accused of defaulting to pay Kshs. 85,082,282 between January 2015 and 30th June 2016.
He however pleaded not guilty to several counts and was released on a cash bail of 1 million pending hearing and determination of the case.
The company obtained orders against KRA but the agency wants the orders set aside.
Kenya Revenue Authority (KRA) wants orders issued suspending decision to freeze Chinese firm HouseMart accounts over more Sh2.2 billion tax arrears set aside.
The preservation notice was issued in respect with accounts from NIC Bank, Standard Chartered Bank and Bank of Africa.
The agency wants court to overturn orders issued on 4th of October staying KRA decision dated 21st September, 2018.
KRA argues that if the orders are not set aside and funds are siphoned out, the taxman will have nothing to hold on since HouseMart has no known assets in the country adding that the owners or directors are foreigners.
“If stay orders are not reviewed , discharged or set aside is prejudicial and has denied the Commissioner of Investigation and Enforcement, Commissioner of customs and Excise and KRA opportunity to preserve the funds to secure taxes”. KRA state.
Similarly the tax collector argues that the order as crafted allows the applicant to access the funds in the various banks where the KRA placed the preservation Notices.
