Benhaus Mining (Proprietary) Limited v Commissioner for South African Revenue Service (165/2018) [2019] ZASCA 17 (22 March 2019)

Flynote

A company that excavates ground and digs up mineral-bearing ore for a fee on delivery to another entity that processes the ore, undertakes mining operations within the meaning of ss 1 and 15(a) of the Income Tax Act 58 of 1968. It is thus entitled to claim deductions of the full amount of capital expenditure on mining equipment in the tax year in which it is incurred, in terms of s 36(7C) of the Act.


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