The Supreme Court of Appeal delivered its judgment in the matter between SARS and De Beers Consolidated Mines Limited on 1 June 2012.
The judgment deals with VAT, specifically, the meaning of 'enterprise', the meaning of 'imported services', whether foreign advisory services utilised or consumed in the Republic for ‘the purpose of making taxable supplies’ and whether tax on local advisory services qualifies for deduction as ‘input tax’.
SARS' appeal was upheld with costs and the tax court judgment was set aside.
Section 240A of the Tax Administration Act, 2011 (as amended) requires that all tax practitioners register with a recognized controlling body before 1 July 2013. It is a criminal offense to not register with both a recognized controlling body and SARS.