Customs

High Court Judgment – Ethanol lost due to theft

Sars on 09 May 2014 announced a High Court Judgment delivered on 08 April 2014 in its case against Island View Storage (Pty) Ltd relating to Rebate Item 624.50 and Section 76(2)(d) of the Customs and Excise Act relating to the event of ethanol lost due to theft.

The applicant, Island View Storage (Pty) Ltd, brought an application for an order that the determination by the respondent, Sars, that the stolen ethanol forming the subject matter of the present application did not qualify for a rebate in terms of rebate item 624.50 in schedule 6 to the Customs and Excise Act to be set aside on appeal and the said determination be replaced with the determination that the stolen ethanol did qualify for the said rebate.

The court dismissed the application with costs.

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