- Glencore imported consignments of lead and copper into South Africa in 2016 using clearing agents
- Goods were initially entered as warehouse exports and later as duty paid entries with corrections made
- SARS claimed goods were diverted, VAT was underpaid, and penalties were due
- Glencore challenged SARS’ decisions in court
- Court found Glencore complied with the Customs and Excise Act by correcting entries and paying VAT
- Use of correction vouchers was lawful and aligned with the Act’s purpose
- No actual diversion occurred; goods were delivered to the declared destination
- Court dismissed SARS’ appeal and upheld the decision to set aside SARS’ claims
- SARS was ordered to pay Glencore’s legal 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.
