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SOMMER RANCHINSG (PVT) LTD v COMMISSIONER OF TAXES 1999 (1) ZLR 438 (S)

1999 (1) ZLR p438

Citation

1999 (1) ZLR 438 (S)

Case No

Judgment No. S-65-99

Court

Supreme Court, Harare

Judge

Gubbay CJ, McNally JA, Ebrahim JA

Heard

20 May 1999

Judgment

1 June 1999

Counsel

E W W Morris, for the appellant
A P de Bourbon SC, for the respondent

Case Type

Civil appeal

Annotations

Link to case annotations

Flynote

Revenue and public finance — capital gains tax — assessment — objection to — sale of land — farm owned by company — all shares in company sold for price close to market value of land — price allocated partly for shares and partly as dividend — Commissioner entitled to look at substantive nature of transaction and make assessment accordingly

Revenue and public finance — income tax — imposition of penalty tax by Commissioner of Taxes — appeal to special court — special court has original jurisdiction when considering decision where Commissioner has exercised a discretion — when special court's discretion may be interfered with on appeal

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