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Cited for the nature of SARS Interpretation Notes and necessity for consistent interpretation by those responsible for administration of Tax Acts.
Cited for the well-established principle of law of contract that due recognition is given to the bargain struck between contracting parties.
Cited for the definition of 'practice generally prevailing' as a practice set out in an official publication regarding interpretation or application of a tax…
Cited to explain the focus of the voluntary disclosure programme in enabling SARS to recover tax it was not aware was due.
The court considered and distinguished passages from the minority judgment in Medtronic International relating to the existence of tax liability versus…
SARS relied on the dissenting judgment for the proposition that liability to pay a tax debt arises only upon assessment or self-assessment; the SCA…
Cited for the principles of statutory interpretation.
Cited in relation to the test for a sound decision-making process.
Cited for a comprehensive summary of the principles applicable to statutory interpretation.
Cited to support the principle that whether conduct constitutes administrative action depends primarily on the nature of the power exercised rather than the…
Cited in relation to the principle that when an initial decision is confirmed on appeal, both decisions must be reviewed to achieve success.
Cited in support of the principle that administrative action is determined by the nature of the decision not its characterization.
Cited for the proposition that application of PAJA depends on the nature of the impugned decision, not the characterization by the applicant.
Cited as authority for the principle that administrative action is determined by the nature of the power exercised.
Cited for the proposition that the VDP is designed to ensure errant taxpayers come clean and make amends in respect of defaults by informing SARS.
Cited as a comparative case regarding the need to review both initial and confirmatory decisions.
Cited in relation to the test for a sound decision-making process.
Cited regarding the default position under PAJA that a reviewing court should remit a matter to the decision-maker for reconsideration unless exceptional…
Cited for the principles of statutory interpretation.
Cited as authority on the principles of statutory interpretation.
Distinguished on the basis that in Wings Park both initial and confirmatory decisions needed to be reviewed, while in this case setting aside the initial…