Case Law Details
ABSA Bank Limited Vs Commissioner, South African Revenue Service (High Court of South Africa)
FULL TEXT OF THE JUDGMENT/ORDER of SOUTH AFRICA HIGH COURT
Introduction
[1] The applicants, Absa Bank Ltd and its wholly owned subsidiary Absa Towers (Pty) Ltd hereafter referred to, collectively, as Absa, seek to review two decisions of the respondent, the Commissioner, South African Revenue Service (SARS).
[2] The origin of this case lies in a controversy about whether or not an impermissible tax avoidance arrangement was conceived to evade a tax liability. It involves the application of the general anti-avoidance regime (GAAR) provisions (sections 80A – 80-L) of the Income Tax Act 58 of 1962, (ITA). Section 80B empowers SARS to impose tax liability in circumstances where a liability is impermissibly
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