Court orders URA to leave Roko premises
Sep 07, 2009
THE High Court has ordered the Uganda Revenue Authority (URA) to stop interfering with Roko construction company until its tax assessment dispute is disposed of.
By Hillary Nsambu
THE High Court has ordered the Uganda Revenue Authority (URA) to stop interfering with Roko construction company until its tax assessment dispute is disposed of.
Justice Vincent Musoke-Kibuuka made the orders on Wednesday.
This followed an application by Roko’s lawyer, MacDosman Kabega, in which he requested the court to restrain the revenue authority from confiscating the construction firm’s property.
“Let the status quo remain in place as the two parties go into talks until September 30, 2009 when they should report back the outcome of their talks,†the judge ruled.
Roko petitioned the court, complaining that URA wrongly assessed taxes amounting to sh5,244,661,044.
The firm also complained that the URA unlawfully attached its account in the dfcu Bank and ordered the bank to pay the assessed money to it (URA).
Kabega said despite an earlier court order stopping URA from confiscating Roko’s property, the tax body had raided its headquarters at Kawempe and the executives’ residences and carried away computers, files, discs and other items.
The revenue authority legal officer, Moses Ssekatawa, told the court that he had been instructed to seek an adjournment to the application for an interim order, arguing that they had been served with the application late and had, therefore, not prepared for it.
According to the affidavit of the managing director of Roko, Dragomir Lakic, which he swore on August 27, the company has been carrying out construction business in Uganda since 1969 and promptly paid its taxes.
Lakic contended that URA granted Roko a vantage award as “the most compliant taxpayer in the construction sector in 2007â€.
Lakic further said Patrick Mukiibi, who authorised the seizure of the company’s property, had no powers to do so.
Lakic said although three of the ‘raiders’ identified themselves as URA’s employees, the other three did not identify themselves.
THE High Court has ordered the Uganda Revenue Authority (URA) to stop interfering with Roko construction company until its tax assessment dispute is disposed of.
Justice Vincent Musoke-Kibuuka made the orders on Wednesday.
This followed an application by Roko’s lawyer, MacDosman Kabega, in which he requested the court to restrain the revenue authority from confiscating the construction firm’s property.
“Let the status quo remain in place as the two parties go into talks until September 30, 2009 when they should report back the outcome of their talks,†the judge ruled.
Roko petitioned the court, complaining that URA wrongly assessed taxes amounting to sh5,244,661,044.
The firm also complained that the URA unlawfully attached its account in the dfcu Bank and ordered the bank to pay the assessed money to it (URA).
Kabega said despite an earlier court order stopping URA from confiscating Roko’s property, the tax body had raided its headquarters at Kawempe and the executives’ residences and carried away computers, files, discs and other items.
The revenue authority legal officer, Moses Ssekatawa, told the court that he had been instructed to seek an adjournment to the application for an interim order, arguing that they had been served with the application late and had, therefore, not prepared for it.
According to the affidavit of the managing director of Roko, Dragomir Lakic, which he swore on August 27, the company has been carrying out construction business in Uganda since 1969 and promptly paid its taxes.
Lakic contended that URA granted Roko a vantage award as “the most compliant taxpayer in the construction sector in 2007â€.
Lakic further said Patrick Mukiibi, who authorised the seizure of the company’s property, had no powers to do so.
Lakic said although three of the ‘raiders’ identified themselves as URA’s employees, the other three did not identify themselves.