Tax Court: 2025–2023

The judgments delivered in the Tax Court on this page are arranged per year and then per date of delivery.
 
Tax Court judgments delivered in another year, can be accessed through the navigation pane above.
 

2024

Date of DeliveryCase NumberApplicable LegislationKeywords
14 January 2024
New!
VAT 22402

Value-Added Tax Act, 1991

The “ratio” of goods and services a vendor intends to use for taxable compared to other uses: Whether and how the Head Lease should be factored into the taxpayer’s section 17(1) apportionment ratio.

2023
Date of DeliveryCase NumberApplicable LegislationKeywords
8 December 2023VAT 2218

Value-Added Tax Act, 1991

Supply of services to non- resident: the nature of that supply, and whether it also constitutes in part a supply to the foreign tourists who subscribe to the foreign tour operator’s tours.

30 August 2023VAT 1788

Value-Added Tax Act, 1991

Tax Administration Act, 2011

Whether appellant was entitled to deduct VAT incurred on meals and accommodation provided to its employees as input tax, and whether respondent was entitled to impose an understatement penalty of 10%.

24 August 2023IT 14305Tax Administration Act, 2011

Interlocutory applications to amend Commissioner’s grounds of assessments and opposing appeal – Rule 31 statement; and Taxpayer to amend grounds of appeals – Rule 32 statement; whether the tested transaction was an arms-length one or not.

19 July 2023IT 45638Income Tax Act, 1962

Whether the taxpayer’s expenditure on the grant to Newco is properly characterised as being revenue or capital in nature

6 July 2023IT 24870; IT 25162; IT 25166Tax Administration Act, 2011

Prescription objection: Objection to a whole assessment is not permissible –  capital gains tax.

3 July 2023VAT 1373 & 13862Value-Added Tax Act, 1991

Value-added tax – whether the taxpayer under-declared income from mining activities – taxpayer underdeclared other income (non-mining income) for the relevant period – whether the taxpayer was entitled to claim CAPEX – whether SARS was justified to impose an understatement penalty of 200% – penalties in terms of the Fourth Schedule – section 89quat interest – prescription – costs.

2 June 2023IT 24502Tax Administration Act, 2011

Procedure: An opposed interlocutory application in terms of rule 51 (2) of the tax court rules for ‘a legality review in limine as part of’ the appellant’s pending tax appeal.

The ‘principal purpose’ of the application is to seek the separate, advance determination of three “legal issues”. If the court grants the principal relief, the ‘secondary purpose’ is twofold and ‘to the extent necessary’: (a) for leave to amend the applicant’s rule 32 statement “consequentially”; and (b) permitting the applicant to raise a ‘collateral, defensive or reactive’ challenge to the lawfulness of the additional assessments referred to below. According to the applicant the three legal issues are potentially dispositive of the pending appeal, and if any one of them is determined in his favour there will be no need for the appeal to proceed for the hearing of evidence.

31 March 202325334Mineral and Petroleum Resources Development Act, 2002Whether SSN Taxpayer had mining rights in respect of those areas where third party infrastructure was located and subsequently relocated elsewhere.
23 March 2023VAT 1518Tax Administration Act, 2011Procedure: Jurisdiction to hear application to reinstate appeal.
23 March 2023IT 45935Tax Administration Act, 2011Procedure: Interlocutory application – whether statement delivered by the respondent (“SARS”) in terms of tax court rule 31 may be set aside as an irregular step – proper interpretation of certain rules/sub-rules, in particular the interplay between rules 4, 52(1), 52(6) and 56.
15 March 202335476

Tax Administration Act, 2011

Procedure: Interlocutory application to amend pleadings and request for further discovery.
14 March 2023VAT 1922

Value-Added Tax Act, 1991

Value-added tax: Input tax deduction and levied additional output tax relating to the services supplied – whether the respondent was correct to disallow the input tax deduction and levied additional output tax relating to the services supplied to the appellant in the ‘Des’ purchase on the basis that it was not acquired wholly for the purpose of consumption, use or supply in the course of supplying goods or services supplied in the course of furtherance of the enterprise of the appellant.
23 February 20232022/37

Tax Administration Act, 2011

Employment Tax Incentive Act, 2013

Procedure: Determining good cause in the interest of justice – whether good cause was established not to grant the appellant the default judgment it sought.
21 February 202346206Income Tax Act, 1962Income tax: Set-off of assessed losses – whether the taxpayer may, in terms of section 20(1) of the Income Tax Act, set off (deduct) the balance of the foreign assessed loss from an aircraft partnership trade, as carried forward to the 2018 tax period, against the income received by or accrued to her in the form of recoupments arising from the deemed disposal, under section 9H of the Act, of partnership assets used in the conduct of a foreign trade.

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