ACB Company (Pty) Ltd and Another v Commission for the South African Revenue Service (0032/2016; 0033/2016)
ACB Company (Pty) Ltd and Another v Commission for the South African Revenue Service (0032/2016; 0033/2016) [2017] ZATC 14 (30 June 2017)
The court found that SARS had provided adequate reasons for the additional assessments. The assessment letter, together with the letter of findings and the applicant's responses, contained sufficient detail regarding the legal basis (section 80B and GAAR provisions), the factual findings, and the reasoning process. The applicants demonstrated an understanding of the arrangements and transactions in their correspondence, and their request for further particulars was deemed unnecessary and a delaying tactic. The requirements set out in Phambili were satisfied, and the applicants would not be pr…
Source excerpt
- Tax Administration Act
- General Anti Avoidance Rule
- Adequacy Of Reasons
- Administrative Action
- Costs In Tax Court