Sars behaving badly ... sarstax Moneyweb taxpayers tax
Judge Cloete, in a Tax Court judgment handed down on February 25, 2022, considered delays by the South African Revenue Service in providing a taxpayer the grounds for additional assessments amounting to R8.4 million raised against the taxpayer so egregious that the taxpayer was granted final relief. In other words, the additional assessments were voided, and costs were awarded against Sars.
The taxpayer gave Sars a one-month extension, which Mukwevho “erroneously interpreted” to be a later date. The matter was then allocated to Mr Sehloho in the same unit. The taxpayer threatened to bring an application for condonation of the assessment in terms of Rule 52. But Sars only served its Rule 31 statement on September 21, 2021, 36 days after the agreed extended timeline. It is apparent that Sars was not able to write the Rule 31 notice itself, and had to brief external counsel to do so.
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