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South Africa Case Law

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Criminal Law [2024] ZASCA 139

Naraidu v S (894/2023)

Naraidu v S (894/2023) [2024] ZASCA 139 (16 October 2024)

The Supreme Court of Appeal set aside Seshin Naraidu’s fraud conviction, holding the State failed to prove he knew the VAT refund claim was fictitious.

  • Fraud
  • Vat Refund
  • Intent To Defraud
  • Statutory Offences Under Vat Act
  • Tax Practitioner Liability
  • Vat-refund
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Administrative Law [2022] ZASCA 56

Commissioner, South African Revenue Service v Sasol Chevron Holdings Limited (1044/2020)

Commissioner, South African Revenue Service v Sasol Chevron Holdings Limited (1044/2020) [2022] ZASCA 56; 85 SATC 216 (22 April 2022)

The SCA held that Sasol Chevron’s PAJA review was out of time because it was served after the 180-day period and no extension under section 9(2) was sought.

  • Promotion Of Administrative Justice Act
  • Judicial Review Delay
  • Vat Refund
  • Extension Of Time
  • Service Of Process
  • Condonation
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Tax Law [2018] ZAGPJHC 470

Top Watch (Pty) Ltd v Commissioner of the South African Revenue Service (2017/4557; 2016/90099)

Top Watch (Pty) Ltd v Commissioner of the South African Revenue Service (2017/4557; 2016/90099) [2018] ZAGPJHC 470; 80 SATC 448 (12 June 2018)

The High Court held SARS could not withhold admitted VAT refunds on the basis of an unproven income tax debt, and ordered payment with interest.

  • Vat Refund
  • Set Off
  • Tax Administration Act
  • Assessment Notice
  • Interest On Tax Refund
  • Vat-refund
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Tax Law [2018] ZAGPJHC 466

Top Watch (Pty) Ltd v Commissioner of the South African Revenue Service (2017/4557)

Top Watch (Pty) Ltd v Commissioner of the South African Revenue Service (2017/4557) [2018] ZAGPJHC 466 (11 June 2018)

High Court held SARS could not withhold admitted VAT refunds on the basis of an unproven income tax debt, and ordered payment with interest and costs.

  • Vat Refund
  • Set Off
  • Tax Administration Act
  • Assessment Notice
  • Interest On Tax Refund
  • Vat-refunds
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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.