SUMMARY The taxpayer namely, B (Pty) Ltd (the “Appellant”) instituted appeal proceedings in the Tax Court against the Commissioner for the South African Revenue Service (“SARS”) (the “Respondent”).   Issue The Court in this matter was called upon to decide on whether the expenditure or loss of R18,273,271.26 (Eighteen Million Two and Seventy-Three Thousand Two
BACKGROUND AND SUMMARY In July 2016, the Land and Agricultural Development Bank of South Africa (the “First Respondent”) and Westside Trading 570 (Pty) Ltd (“Westside”) entered into a loan agreement (the “Principal Agreement’), in terms of which the First Respondent would advance an amount of R100 Million to Westside for the purpose of acquiring and
SUMMARY In 2009, Roberto Carlos De Freitos De Vasconcelos (the “First Appellant”) acting on behalf of Eastprop Property Trust (the “Trust”), obtained a loan purposes of raising working capital for one of his 3 close corporations which was a sham. The close corporations performed their business activities from a property owned by the Trust (the
SUMMARY During 2009, Mackintosh (“the First Respondent”) and Mabili Search & Selection (Pty) Ltd (“the Second Respondent”) concluded an oral loan agreement for the amount of R2million (“the Agreement”).  Subsequent to the conclusion of the Agreement, the parties signed a written acknowledgement of debt (“AOD”) wherein the Second Respondent, as the debtor, acknowledged its indebtedness