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Income Tax Act, 1962 (Act 58 of 1962)

Chapter III: General Provisions

Part IA: Advance Tax Rulings

76K. Rulings rendered void due to fraud, misrepresentation, etc (Repealed)

 

 

[Repealed by the Tax Administration Act, 2011 (Act No. 28 of 2011)].

 

1) Notwithstanding any provision to the contrary in this Act, a binding private ruling or binding class ruling is rendered void ab initio under any of the following circumstances—
a) the facts stated in the application regarding the proposed transaction are materially different from the transaction actually carried out;
b) there is fraud, misrepresentation or nondisclosure of a material fact; or
c) any condition or assumption stipulated by the Commissioner is not satisfied or carried out.

 

2) For purposes of this section, a fact is considered material if it would have resulted in a different ruling had the Commissioner been aware of it when the original ruling was made.