In Delport v Le Roux and Others[1], the court’s judgment, delivered on 24 November 2022, is a r...
VAT on student accommodation: the SCA decides
Monday, 17 September 2018
On 12 September 2018 the Supreme Court of Appeal reversed the decision of the Gauteng Division of the High Court, which had in turn confirmed that of the tax court, in the matter of CSARS v Respublica (Pty) Ltd (1025/2017 [2018] ZASCA 109. The SCA found that the lease of six buildings to the Tshwane
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SCA rejects valuation methodology of shares
Tuesday, 03 November 2015
In a judgment delivered on 30 September 2015 the Supreme Court of Appeal rejected the taxpayer’s valuation methodology of its minority holding in Emanzi Leisure Resorts (Pty) Ltd (ELR) in CSARS v Stepney Investments (Pty) Ltd [2015] ZASCA 138 (not yet reported in SA Tax Cases). The court found that assumptions in the taxpayer’s calculation
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Taxpayer fails in attempt to circumvent the tax court
Thursday, 12 March 2015
The Gauteng Division of the High Court delivered judgment on 20 February 2015 in a case where the taxpayer sought to have a decision of SARS set aside in terms of the Promotion of Administrative Justice Act, 2000 (PAJA) or alternatively declared unconstitutional, unlawful and invalid. The court found that the taxpayer, Ackermans Ltd, should
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MTN loses a capital/revenue argument
Wednesday, 26 March 2014
My recent article on CSARS v Mobile Telephone Network Holdings (Pty) Ltd Case No (966/12) [2014] ZASCA 4 (7 March 2014) discussed the Supreme Court of Appeal’s decision on the deductibility of audit fees. This article addresses the second aspect of the case, where the taxpayer sought to deduct as a revenue expense the costs
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