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Tax on Retirement Funds Act, 1996 (Act No. 38 of 1996)

16. Applicability of Income Tax Act

 

The provisions of the Income Tax Act relating to—

(a) the administration thereof as contained in Chapter I of the Income Tax Act;
(b) the production of documents and evidence on oath;
(c) penalty on default;
(d) additional tax in event of default or omission;
(e) assessments;
(f) objections and appeals;
(fA) the settlement of disputes;
(g) the recovery of tax;
(h) refunds;
(i) transactions, operations or schemes for purposes of avoiding or postponing liability for taxes on income or reducing the amount of taxes on income;
(j) rebate in respect of foreign taxes on income; and
(k) income of controlled foreign entities and income arising from any donation, settlement or other disposition, shall, having regard to the context within which such provisions are applied, mutatis mutandis apply in—
(i) the administration of this Act;
(ii) the production of documents and evidence on oath for the purpose of obtaining full information in respect of any income received by or accrued to or expenditure incurred by any fund;
(iii) any refusal or failure by any fund to furnish any information or reply or to attend to or give evidence as and when required by the Commissioner or any officer duly authorised by him or her or to answer truly and fully any questions put to it or to produce any books or papers required of it by the Commissioner or any such officer;
(iv) any default by a fund in rendering a return, any omission by any fund from its return of any amount which ought to have been included therein or any incorrect statement made by any fund in its return;
(v) any assessment, objection and appeal and the recovery or refund of the tax;
(vA) the settlement of any dispute;
(vi) any transaction, operation or scheme entered into or carried out for the purposes of avoiding or postponing liability for the tax or reducing the amount of such tax and in the application of the provisions contemplated in paragraph (i), such provisions shall be deemed to include a reference to the tax;
(vii) the granting of any rebate of any foreign taxes on income as a deduction from any tax payable by a fund; and
(viii) in respect of the inclusion of any amount in the income of any fund.