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Judgment Search Results Home > Cases Phrase: income tax act Court: south africa supreme court of appeal Page 1 of about 45 results (0.039 seconds)

Oct 01 2012 (FN)

Armgold/Harmony Freegold Joint Venture (Proprietary) Vs. the Commissio ...

Court : South Africa Supreme Court of Appeal

..... income is defined as the total amount, in cash or otherwise, received by or accrued to or in favour of the taxpayer during the ..... objection was disallowed. the appellant appealed to the tax court, johannesburg which, on 1 august 2011, dismissed the appeal. with leave of the tax court, the appellant appeals now to this court. [4] it is useful at the outset to consider the general scheme of assessing liability for tax under the income tax act 58 of 1962 (the act). as a starting point, a taxpayer's gross ..... period of assessment. from such gross income are deducted any amounts that are exempt from normal tax in order to calculate the taxpayers income (in the present ..... same year of assessment in carrying on any other trade .... [6] two important factors arise from this: 1. first, as i have mentioned, income as defined in the act is the amount after the deduction from gross income of any amounts exempt from normal tax but before further allowable deductions under part i of schedule ii are made to arrive at the taxpayers taxable .....

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Mar 07 2014 (FN)

Commissioner for the South African Revenue Vs. Mobile Telephone Networ ...

Court : South Africa Supreme Court of Appeal

..... assurance holdings (sa) ltd 1976 (4) sa 522 at 533e-h). thus in nemojim, corbett ja stated: as pointed out in the rand selections case supra at 131e-g, the income tax act makes no provision for apportionment. nevertheless, apart from the rand selections case, it is a device which has previously been resorted to where expenditure in a globular sum has been ..... this court, the thrust of the argument advanced on behalf of the commissioner was that in terms of s 11(a) read with s 23(f) of the income tax act 58 of 1962 (the act): (a) the audit fees are deductible only to the limited extent originally allowed by the commissioner (or to such other extent as this court may allow); and (b ..... such moneys were not laid out or expended for the purposes of trade. section 1 of the act defines income as: the amount remaining of the gross income of any person for any year or period of assessment after deducting therefrom any amounts exempt from normal tax under part 1 of chapter ii. [10] it is well settled that generally, in order to determine ..... levied. it is arrived at by first determining the taxpayers gross income and then deducting therefrom any amounts exempt from normal tax in order to arrive at the taxpayers income. the taxpayers taxable income is then determined by deducting from the income the various amounts which the act allows by way of deduction, including those covered by s 11(a). section 23 prescribes what deductions may .....

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Mar 14 2014 (FN)

Mtn International (Mauritius) Ltd Vs. the Commissioner of South Africa ...

Court : South Africa Supreme Court of Appeal

..... . . . .; and 4.2. r73 476 101.00; within 10 (ten) days after date of this order, together with any additional accrued interest in terms of s 89quat(4) of the income tax act, no. 58 of 1962, as amended, and interest a tempore mora on the amount set-off by the respondent against the applicants refund; 5. the respondent is ordered to pay ..... . the original 2006 assessment had by then not prescribed. sars was satisfied as envisaged in terms of s 79(1)(a) of the income tax act that an amount which was subject to tax and should have been assessed to tax had not been assessed, due to the fact that the interest expenditure that the applicant claimed was erroneously allowed by sars as a deduction ..... revised assessment raised by the respondent, the commissioner for the south african revenue service (sars), on 31 march 2011 in terms of the income tax act 58 of 1962 (the act) to assess the appellant, mtn international (mauritius) limited (mtn), to tax for the 2006 year of assessment, falls to be set aside. the north gauteng high court, pretoria (per tlhapi j) held that it ..... was backdated to show the due date as being 30 march 2011, which is the date of the assessment, as prescribed in the income tax act, no. 58 of 1962 (the act?), as amended, even though the assessment was clearly only processed and created on 31 march 2011. it shall be submitted to the honourable court that such a manipulation of dates .....

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Sep 13 2013 (FN)

Association of Meat Importers and Exporters and Others Vs. Internation ...

Court : South Africa Supreme Court of Appeal

..... whether statutory matter appears in the body of the act or the schedule is a matter of drafting convenience. see for example the income tax act,67the carriage of goods by sea act68and the criminal procedure act.69 [97] the second schedule to the act came into existence as a result of requests by ..... future to continue charging and collecting such duties. to this end they sought an order declaring the second schedule to the customs and excise act,60(the act), constitutionally invalid and asking the court to suspend the operation of that order, both retrospectively and prospectively. the effect of the suspension, ..... recurrence of dumping and therefore warrant the continued imposition of anti-dumping duties. in each case, as those reviews took place after the itac act and the anti-dumping regulations came into operation, they were conducted in accordance with those regulations. in each case the review resulted in ..... dumping duties have certain features in common. first, they were all introduced into schedule 2 by notice in the gazette before the international trade administration act and the regulations came into effect. secondly, they were all introduced with effect from the date provisional payments had been imposed. thirdly, in ..... the constitution, to impose an anti-dumping duty or any other tax on the citizens of the country. the taxing power is one for parliament to exercise not for the courts. 59. act 59 of 1959. 60. act 91 of 1964. 61. act 13 of 1995. 62. the record is silent on whether .....

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Mar 28 2014 (FN)

Gb Mining and Exploration Sa (Pty) Ltd. Vs. the Commissioner for the S ...

Court : South Africa Supreme Court of Appeal

..... employees were employed by it and that this expenditure was incurred in the production of income and qualified as a deduction in terms of s 11(a) read with s 23(g) of the income tax act 58 of 1962 (the act). the commissioner, however, determined that the amount had been advanced by gb mining to ..... (a)(2)(b)(i) of the income tax act 58 of 1962. (this section has been repealed. section 133(2)(b)(i) of the tax administration act 28 of 2011 is now the applicable provision). [2]section 81 of the act provides that: (1) objections to any assessment made under this act shall be made in the manner and ..... r3,5 million would fall within gb minings gross income and would give rise to an income tax liability for gb mining, greater than the capital gains tax liability contended for by the commissioner. this amount was not included by gb mining in its gross income in its tax returns, which indicated that gb mining did not ..... 107a by any taxpayer who is aggrieved by any assessment in which that taxpayer has an interest. [3] section 93(1)(d) of the tax administration act 28 of 2011 now provides that sars may make a reduced assessment if satisfied there is an error in the assessment as a result of an ..... mining and expenses were incurred. gb mining claimed these expenses as deductions in terms of s 11(a) of the act on the ground they were incurred in the production of income. the commissioner disallowed 50 per cent of the expenses holding that gb mining incurred the travel expenditure partly for the purpose .....

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Mar 20 2013 (FN)

Master Currency (Pty) Limited Vs. the Commissioner for the South Afric ...

Court : South Africa Supreme Court of Appeal

..... islamic republic of iran shipping lines v terra-marine sa 2010 (6) sa 493 (sca) para 22. 8. rule 12 of the rules promulgated under section 107a of the income tax act, 1962 (act 58 of 1962), prescribing the procedures to be observed in lodging objections and noting appeals against assessments, procedures for alternative dispute resolution and the conduct and hearing of appeals before ..... behalf of the appellant that the services rendered by the appellant in the duty free area of the airport were not subject to vat at the standard rate in terms of s 7(1)(a) of the value-added tax act 89 of 1991 but that, on a proper construction of s 11(2)(l), they should have been zero rated. [2] in ..... appears to overcome such difficulties, anomalies or incongruities: provided that such direction or arrangement shall not have the effect of substantially reducing or increasing the ultimate liability for tax levied under this act. the purpose of the ruling is to deal with the situation where suppliers in duty free shops sell goods to departing passengers and charge ..... a direction as to (a) the manner in which such provisions shall be applied; or (b) the calculation or payment of tax or the application of any rate of zero per cent or any exemption from tax provided in this act, in the case of such vendor or class of vendors or any person transacting with such vendor or class of vendors as .....

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Mar 20 2013 (FN)

Cape Empowerment Trust Limited Vs. Fisher Hoffman Sithole

Court : South Africa Supreme Court of Appeal

..... 2006, under the rubric impermissible tax avoidance arrangements. [14] against this background i can now revert to the question that instinctively arose, namely why ..... scheme, it was aimed at securing a tax advantage in a predicted amount of r13.4 million for cet. incidentally, i agree with the submission by counsel for fhs that the scheme displayed certain features now dealt with in s 80 a of the income tax act 58 of 1962 which was introduced in ..... to the seeming complexity of the deal. but that complexity was created by or on behalf of cet with the purpose of procuring a substantial tax benefit for itself. translated into the language of vulnerability, it would mean, as i see it, that cet rendered itself vulnerable to risk by ..... and not to err negligently. that does not mean that a judicial officer who fails in the duty, because of negligence [or even gross negligence], acted wrongfully. put in direct terms: can it be unlawful, in the sense that the wronged party is entitled to monetary compensation, for an incorrect judgment ..... the approval by shareholders only occurred on 6 december 1999. this happened despite a reminder to cet on 22 november 1999 by mettle limited, who acted as its corporate advisors, that it was of crucial importance to obtain the shareholders approval before 30 november 1999, because of the express provision in .....

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Nov 29 2012 (FN)

H R Computek (Pty) Ltd. Vs. the Commissioner for the South African Rev ...

Court : South Africa Supreme Court of Appeal

..... matter in respect of which a taxpayer may object. it includes an assessment made upon a taxpayer in terms of s 31. 'assessment' is not defined in the vat act. but it is in the income tax act. as harms dp put it (first south african holdings (pty) ltd v commissioner for south african revenue service73 satc 221 para 15) an assessment - is a determination ..... ? by the commissioner of one or more matters (compare itc 107728 satc 33 at 38 percorbett j). this appears from the definition of the word in s 1 of the income tax act: assessment? means the determination by the commissioner, by way of a notice of assessment (including a notice of assessment in electronic form) served in a manner contemplated in section 106 ..... matters.' [5] in the statement of the grounds of assessment delivered on 17 february 2011 in terms of rule 10 of the tax rules (made in terms of s 107a of the income tax act 58 of 1962 (the income tax act)) sars contended: when the objection (notice of objection and the letter of the grounds of objection) and the appeal (notice of appeal and the letter ..... no mention is made of a challenge to the revised capital assessment. [9] the provisions of s 107a of the income tax act and any rules made under that act apply to objections and appeals (ss 32 (2)) and 33(4) respectively of the vat act). rule 4 states that the notice of objection must be in a form prescribed by the commissioner of sars and .....

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Nov 29 2013 (FN)

Dr Js Moroka Municipality and Others Vs. Bertram (Pty) Limited and Ano ...

Court : South Africa Supreme Court of Appeal

..... by s 271 of the tax administration act 28 of 2011, s 256 of which provides a procedure whereunder a person to whom a taxpayer has presented a ..... underlying reasoning is doubtful, particularly given the fact that at the time the preservation of secrecy provisions contained in s 4 of the income tax act 58 of 1962 would have made it very difficult for a municipality to investigate the tax affairs of any tenderer, save possibly if the tenderer had provided its consent to any information being made available under s 4 ..... ] section 1 of the pppf act. [4] published in gg no r 502 of 8 june 2011. [5] section 83(3) of the systems act. [6] section 112(1)(e). [7] section 112(1)(g). [8] section 112(1)(i). [9] in g/n 868 of 2005. [10] the position has since altered. section 4 of the income tax act 58 of 1962 was repealed ..... to comply with prescribed conditions will result in a tender being disqualified as an acceptable tender under by the procurement act unless those conditions are immaterial, unreasonable or unconstitutional.[11] [11] the requirement that tenders should only be awarded to persons whose tax affairs have been declared by sars to be in order echoes loudly throughout the statutes and regulations mentioned above .....

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Oct 01 2013 (FN)

Jeffery Israel LevensteIn Vs. the State

Court : South Africa Supreme Court of Appeal

..... of their earning capacity, were indeed regarded as being receipts of a capital nature and not as taxable income,4although a change in that regard was imminent. under the taxation laws amendment act 30 of 2000, the definition of gross income in the income tax act 58 of 1962 was shortly due to be amended to render taxable any compensation paid for a restraint of ..... sandton (93 grayston) which had been purchased by another holdings subsidiary, regal property investments (pty) ltd (regal property), with the intention of building offices to be leased to generate rental income. this development started during 2000 and it was estimated that the work would be completed towards the end of 2001. [63] the appellant however devised a scheme to convert 93 ..... branding expenditure had been written off during 2000 whereas in fact such expenses had not been identified and written off; that all expenditure incurred by regal bank to generate branding income had been written off in the 2000 year whereas in fact r6 million branding expenditure had been deferred; . . . . causing ernest and young to express an invalid or defective audit ..... . it also led to another firm of auditors, kpmg, being appointed to prepare a report under s 7 of the banks act. eventually the appellant and regal capitulated in regard to the amount to be given to the branding income and reflected in regals financial statements, which were thereafter published in controversial circumstances on the stock exchange news system (sens) and .....

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