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South Africa Case Law

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Tax Law [2020] ZAGPPHC 143

HMT Projects (Pty) Ltd v Commissioner South African Revenue Service (7215/2018)

HMT Projects (Pty) Ltd v Commissioner South African Revenue Service (7215/2018) [2020] ZAGPPHC 143 (14 April 2020)

The court dismissed a tariff appeal, holding that seamless carbon steel pipes certified to API 5L were line pipes classifiable under tariff heading 7304.19.

  • Customs And Excise
  • Tariff Classification
  • Objective Characteristics
  • Dual Certification
  • Interpretation Of Tariff Headings
  • Customs-and-excise
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Tax Law [2016] ZASCA 53

Commissioner for the South African Revenue Service v Coltrade International CC (54/2015)

Commissioner for the South African Revenue Service v Coltrade International CC (54/2015) [2016] ZASCA 53; 78 SATC 216 (1 April 2016)

The Supreme Court of Appeal held that coconut milk, cream and powder are classifiable under TH2008.19 as prepared nuts. The appeal by SARS was dismissed with costs.

  • Customs And Excise Act
  • Tariff Classification
  • Interpretation Of Schedules
  • Harmonised Commodity Description
  • Explanatory Notes
  • Objective Characteristics
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Tax Law [2007] ZASCA 100

Commissioner for the South African Revenue Service v Baking Tin (Pty) Ltd (431/06)

Commissioner for the South African Revenue Service v Baking Tin (Pty) Ltd (431/06) [2007] ZASCA 100; [2007] 4 All SA 1352 (SCA); 2007 (6) SA 545 (SCA); 69 SATC 220 (14 September 2007)

The SCA held that imported aluminium containers were classifiable as hollowware for kitchen use. The importer’s intended use did not control tariff classification.

  • Customs Tariff Classification
  • Objective Characteristics
  • Anti Dumping Duty
  • Interpretation Of Statutes
  • Customs-tariff-classification
  • Objective-characteristics
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