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Durban - A “shameless” R800 million tax fraud fully commited by a trader in animal feed continues to be uncovered inside a scenario before the substantial court through which a Durban businessman is accused by Sars of remaining a “co-wrongdoer”, who needs to be built to repay the R41 million he allegedly received out with the deal.
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He reported the legal route taken by Sars in this make a difference – to ventilate by means of court docket papers rather than oral evidence – was not acceptable in deciding a disputed problem of regardless of whether fraud was fully commited.
“While I don't have any issues in theory concerning the significant general public functionality Sars is necessary to accomplish in amassing taxes, I do have a difficulty when it sets out to achieve its aims in an unfair, unconstitutional and prejudicial manner,” the judge stated.
The transactions, which concerned the usage of the zero VAT charge certificate by SA International when it bought the feed, led to Benietha being able to claim back massive refunds from Sars calculated on “synthetic volumes”.
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He also slammed Sars for attempting to receive a income judgment towards Sassin through hearsay proof from the confidential inquiry which he reported couldn't be utilized as it would give Sars an “unfair gain”.
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