- SARS appealed against a Tax Court judgment dismissing its special plea on jurisdiction regarding African Bank’s appeal.
- The main issue was whether SARS’ decision to impose a different apportionment method was a refusal to approve African Bank’s requested method under the VAT Act.
- The SCA ruled that imposing a different method is effectively a refusal to approve the requested method.
- Such refusals are subject to objection and appeal, and the Tax Court has jurisdiction to hear these matters.
- A restrictive interpretation would deny taxpayers their right to challenge SARS’ decisions.
- The appeal was dismissed with costs.
Source: ensafrica.com
Note that this post was (partially) written with the help of AI. It is always useful to review the original source material, and where needed to obtain (local) advice from a specialist.
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