Cape brandy syndicate v plummer  a monmouthshire canal railway cos the cumulative effect of these two elements—literal interpretation of tax statutes and the formalistic insistence on a separate examination of the steps in a composite scheme—allowed tax avoidance page 13 of 23 schemes to thrivetax law was by and large left behind. This approach allows for page | 2 | b being a 20th century burden on property’ as per rowlatt j in cape brandy syndicate v inland revenue commissioners ( 1 kb 64 at 71)’ and that here the substance of the matter is that the annuitant was serving the. Cape brandy syndicate v irc  1 kb 64 finanzamt koln-alstadt v schumacker case c-279/93  ecr i-225 gasque v commissioners of inland revenue  2 kb 80. In the case cape brandy syndicate v cir – ca 1921, 12 tc 358  2 kb 403, members of a wine syndicate joined in a separate syndicate to purchase brandy from south africa some was shipped to the east with the remainder being sent to london to be blended with french brandy, re. Note that cases involving the commissioner of inland revenue (cir) or other taxation authorities are all listed alphabetically according to the name of the taxpayer.
In terms of section 122 of the inland revenue act no, 28 of 1979 as amendedl and in terms of section 11 a of the tax appeals commission act no, 23 of 2011 as amended by act no, 20 of 2013 2, ceylon petroleum corporation i t i i i before: 2 rotunda tower, 109, galle road, colombo 03 appellant -vs. Decision impact statement exxon chemical (m) sdn bhd v ketua pengarah hasil dalam negeri citation (s) general of inland revenue position in relation to the said decision and how cape brandy syndicate v inland revenue commissioners (1921) 1 kb 64 commissioner for inland revenue v lo & lo (1984) 1 wlr 986. Abstract on 3 november 2005, the minister of finance explicitly recognised the need for a revised gaar stating: 'what we can't accommodate is a rule which is intended to limit avoidance that is so abused and tatty with wear.
E v comptroller-general of inland revenue  2 mlj 117 125 edwards v bairstow  all er 48 52 cape brandy syndicate v inland revenue commissioners  2 kb 403 414. The big day is here sa tax guide is celebrating 5 years thank you for being part of our journey as we share taxation information in a simplified & demystified way. Therefore, the revenue is incorrect to cite that pre-amended provisions did not require separate books of account as there was no reference to ‘undertaking’, but the post-amended section does.
So drew our attention to the words of rowlatt, j, in cape brandy syndicate vs irc 12 tc 358: t“it is urged by sir william finlay that in a taxing act clear. Referring to the halsbury’s laws of england and to the case of cape brandy syndicate vs inland revenue commissioners  the supreme court has held as follows: “ these principles have been accepted as correct both by the english courts and the superior courts in this country. Of this court in union of india & anr vs shreeji colour chem industries 1 , by the impugned order, the high court has affirmed the decision of the revisional authority and held that the. In cape brandy syndicate v cir  12 tc 358, three individuals who acquired a quantity of cape brandy and blended it with french brandy before re-casking and selling it were deemed to have made a profit from a trade or business. An analysis of the purposive approach to the interpretation of south african fiscal legislation by pieter andries swanepoel sir secretary for inland revenue cape brandy syndicate v irc.
A clogged loss is a loss which, in terms of the eighth schedule to the income tax act, no 58 of 1962 ('the act'), must be disregarded in the determination of the disposer's aggregate capital gain or aggregate capital loss thus, such a loss is ring-fenced and is deductible only from a capital gain. Rutledge v cir cs 1929 14 tc 490 on a business trip to germany a taxpayer purchased one million toilet rolls on returning to the uk the sole consignment of toilet rolls were sold to one individual for a. The court also referred to cape brandy syndicate v england revenue commissioners (1 kb 64 71), where the court stated that: “ one has to look at what is clearly said where the court confirmed the view in the commissioner for inland revenue v delfos (1933 ad 242), and stated “ even in the case of fiscal legislation the true. Final level revenue law h v comptroller of inland revenue (1974) 2 mlj 138 (c) business income & losses trading and adventure in the nature of trade: cape brandy syndicate v ir commissioners (12 tc 358) viii) alb co sdn bhd v dgir  1 mlj 1 (pc. One can only look fairly at the language used’ as per rowlatt j in cape brandy syndicate v inland revenue commissioners ( 1 kb 64 at 71), approved by viscount simons lc in canadian eagle oil co ltd v king (1946) ac 119, where the appellant claimed that where dividends of shares, in a foreign co were paid to a share holder thus being.
Bhag singh and ors vs union territory of chandigarh through the land court : supreme court of india whether personal expenses have been charged to revenue account (f) where it is stated in the books and papers of the company that any shares have been allotted for cash,. The cardinal principles of interpretation of taxing statutes centers around the opinion of rowlatt, j in cape brandy syndicate vs inland revenue commissioner[1. The case of commissioner of inland revenue vs james forrest, [(1890) 15 ac 334 (hl)] – is a case which does not discuss the interpretative test to be applied to exemption clauses in a taxation statute – however, it was observed that ‘it would be unreasonable to suppose that an exemption was wide as practicable to make the tax inoperative.
One can only look fairly at the language used’ (per rowlatt, j in cape brandy syndicate v inland revenue commissioners  1 kb 64 at 71 approved by viscount simons lc in canadian eagle oil co ltd v regeim  2 all er 499,  ac 119. Cited – cape brandy syndicate v inland revenue commissioners ca ( 1 kb 64) rowlatt j said: ‘in a taxing act one has to look merely at what is clearly said there is no room for any intendment. Advance tax ruling and the doctrine of legitimate expectation: a dance of confusion such person or entity can apply to the inland revenue service for its ruling with respect to a particular transaction proposed to be embarked upon by the individual or corporate entity cape brandy syndicate v irc (1921) 2 kb 403, mc guckian v irc.