Real Task Agencies Limited v Uganda Revenue Authority and Others (Miscellaneous Cause No. 069 of 2023)
Observed later treatment
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Holding
Held that the High Court lacks original jurisdiction to entertain judicial review of taxation decisions. Under Article 152(3) of the Constitution and section 14 of the Tax Appeals Tribunals Act, original jurisdiction in tax matters lies with the Tax Appeals Tribunal. The application challenged the correctness of a tax assessment decision rather than the decision-making process, making it unsuitable for judicial review. Application dismissed with costs.
Outcome
Application for judicial review dismissed for lack of jurisdiction
Facts
Real Task Agencies Limited, a company dealing in machinery and equipment spares, was audited by Uganda Revenue Authority on 28 November 2020. Additional income tax and VAT assessments were issued. The applicant objected, arguing mistakes and errors requiring rectification under the Tax Procedure Code Act. URA disallowed the objections on grounds of insufficient evidence. The applicant filed for Alternative Dispute Resolution, which was declared null and void by URA. The applicant then sought judicial review seeking prerogative orders of mandamus, certiorari and prohibition, declarations, injunction and damages. Stanbic Bank received a third party agency notice from URA requiring payment of UGX 1,119,041,824 from the applicant's account.
Issues
- Whether the High Court has jurisdiction to hear and grant the application for judicial review in a tax dispute.
- Whether the applicant is entitled to a grant of the orders and reliefs sought under judicial review.
Orders
- Application dismissed.
- Costs awarded to the respondents.
Rules and key headnotes
Legislation cited (9)
- Constitution of the Republic of Uganda Article 42
- Constitution of the Republic of Uganda Article 152(3)
- Judicature Act Cap. 13 s.33
- Judicature Act Cap. 13 s.36
- Civil Procedure Act Cap. 71 s.98
- Judicature (Judicial Review) Rules SI 13-1 Rules 3, 4, 5, 6, 7 and 8
- Tax Appeals Tribunals Act Cap. 341 s.1
- Tax Appeals Tribunals Act Cap. 341 s.14
- Tax Procedure Code Act Cap. 343
Cases cited (8)
- Pheona Nabasa Gladys Wall v Uganda Law Society and Another (HCC-JRC No. 0049 of 2024)
- Ignatius Loyola Malungu v IGG (HC-MC No. 059 of 2016)
- Watoto Church Ministries and Another v KCCA and Another (HCC-JR-MC No. 207 of 2022)
- Koluo Joseph Andres and 2 Others v Attorney General (MC No. 106 of 2010)
- Chief Constable of North Wales Police v Heavens [1982] 3 All ER 108
- Uganda Revenue Authority v Rabbo Enterprise (U) Ltd and Another (No. 12 of 2004)
- Salim Ali Bhai and Others v Uganda Revenue Authority (MC 123 of 2020)
- National Union of Clerical, Commercial & Technical Employees v NIC (SCCA No. 17 of 1993)
Cases citing this judgment (2)
How later Ugandan judgments in the Wakilii corpus have cited this case. Treatment labels come from Sequitur — Uganda’s citator — each backed by a verbatim span from the citing judgment, and are not an assertion that this case is, or is not, good law.
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.