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G BANK ZIMBABWE LTD v ZIMBABWE REVENUE AUTHORITY 2015 (1) ZLR 348 (H)

2015 (1) ZLR p348

Citation

2015 (1) ZLR 348 (H)

Case No

Judgment No. HH-207-15

Court

High Court, Harare

Judge

Kudya J

Heard

9 & 10 September 2014; CAV

Judgment

27 February 2015

Counsel

A P de Bourbon SC, for the appellant
T Magwaliba, for the respondent

Case Type

Tax appeal

Annotations

No case annotations to date

Flynote

Revenue and public finance – income tax – deduction – tax year in which deduction allowed – allowed in year in which unconditional obligation is incurred – if obligation is conditional, deduction allowed in tax year in which condition fulfilled

Revenue and public finance – income tax – tax avoidance scheme – what constitutes – taxpayer arranging affairs so that income is lower – not a tax evasion scheme – no obligation on taxpayer to ensure that more income is accrued

Revenue and public finance – income tax – withholding tax on fees – what payments constitute "fees" – administrative charges paid to external bank constitute fees

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