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South Africa Case Law

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Tax Law [2012] ZAGPPHC 75

Pearse v Commissioner for the South African Revenue Service (10498/11)

Pearse v Commissioner for the South African Revenue Service (10498/11) [2012] ZAGPPHC 75 (4 May 2012)

High Court review of SARS tax assessments ended in dismissal. The court found the 2008 assessments were administrative action, but not new liabilities covered by amnesty.

  • Small Business Tax Amnesty
  • Promotion Of Administrative Justice Act
  • Income Tax Assessment
  • Condonation For Late Filing
  • Judicial Review Of Administrative Action
  • Tax-amnesty
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Tax Law [2010] ZASCA 154

Commissioner for South African Revenue Service v Saira Essa Productions (Pty) Ltd and Others (162/10)

Commissioner for South African Revenue Service v Saira Essa Productions (Pty) Ltd and Others (162/10) [2010] ZASCA 154; 73 SATC 202 (30 November 2010)

The court held that SARS had not granted VAT amnesty and that the respondents were not exempt from prosecution. The appeal was upheld and punitive costs ordered.

  • Small Business Tax Amnesty
  • Criminal Prosecution Exemption
  • Declaratory Order
  • Costs Punitive
  • Jurisdiction Of High Court
  • Tax-amnesty
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Tax Law [2009] ZAGPPHC 122

Saira Essa Productions CC and Others v South Africa Revenue Service (9849/2008)

Saira Essa Productions CC and Others v South Africa Revenue Service (9849/2008) [2009] ZAGPPHC 122 (21 September 2009)

The court held that the applicants were protected by a granted tax amnesty and could not be prosecuted for the VAT charges covered by that amnesty.

  • Small Business Tax Amnesty
  • Tax Indemnity
  • Ultra Vires
  • Costs Award
  • Tax-amnesty
  • Vat
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Tax Law [2009] ZAGPPHC 290

Saira Essa Productions CC and Others v South Africa Revenue Service (9849/2008)

Saira Essa Productions CC and Others v South Africa Revenue Service (9849/2008) [2009] ZAGPPHC 290 (21 September 2009)

The High Court held that the applicants could rely on approved tax amnesty and were protected from prosecution for the VAT charges.

  • Small Business Tax Amnesty
  • Ultra Vires
  • Vat Non Payment
  • Criminal Prosecution Relief
  • Tax-amnesty
  • Vat
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.