The revenue service has been given an expensive admonishment by the ConstitutionalCourt. Moneyweb Sars taxpayers
On March 11, 2022, the Constitutional Court handed down a welcome judgment in the matter of Barnard Labuschagne Inc versus the South African Revenue Service and the Minister of Finance , setting out existing binding precedent in earlier case law pertaining to the rescindability of a civil judgment taken out by Sars on a taxpayer.
The ConCourt discussed previous judgments that had considered the question of rescindability. Two previous judgments – Kruger II and Metcash – which had been decided on older yet similar legislation, gave binding authority that a tax judgment can be rescinded. The ConCourt pointed out that a taxpayer has certain defences against a tax judgment. For example, Sars would not be entitled to register a tax judgment if the taxpayer has already lodged an objection.
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