"R" LTD & ANOTHER v COMMISSIONER OF TAXES 1983 (1) ZLR 157 (H)

1983 (1) ZLR p157

Flynote

Income tax — Income Tax Act [Chapter 181] — s 8(1)(i)(iii)C — disposal of property otherwise than by way of sale or exchange — whether a "sheep lease" contract is such a disposal — paragraph 14 of Second Schedule — when a "business" can be said to have been disposed of — tax avoidance scheme — genuine commercial transaction, chosen method of carrying out of which involved lesser tax liability than other method — not necessarily a tax avoidance scheme — fact that motive may have been to avoid tax does riot make a scheme a tax avoidance scheme, if taxpayer seeks to reduce tax liability in a way in which Act permits.