On 25 September 1998, following the judgement of the Supreme Court of Appeal in the case of Nissan v Commissioner for the South African Revenue Service (SARS), a press release was issued indicating that SARS was in the process of evaluating the judgement and that further information would be released at a later stage on how to proceed with regard to matters of a similar nature.
After consideration of the matter SARS remains of the view that the provisions of section 10(1)(zA) of the Income Tax Act are not applicable to benefits received or acquired by taxpayers by way of drawbacks or rebates and payments in terms of the Phase VI scheme. No revised assessments will therefore be issued or refunds made in respect of any claims received in this regard.
ISSUED BY THE COMMISSIONER FOR THE SOUTH AFRICAN REVENUE SERVICE
PRETORIA