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Cape Brandy Syndicate v Inland Revenue Commissioners [1920] as applied in T.M. Bell v Commissioner of Income Tax [1960] EALR 224

In a taxing Act, one has to look at what is clearly said. There is no room for intendment as to a tax. Nothing is to be read in.

"in a taxing Act, one has to look at what is clearly said. There is no room for intendment as to a tax. Nothing is to be read in, nothing it to be implied. One can only look fairly at the language used… If a person sought to be taxed comes within the letter of the law he must be taxed, however great the hardship may appear to the judicial mind to be. On the other hand, if the Crown, seeking to recover the tax, cannot bring the subject within the letter of the law, the subject is free, however apparently within the spirit of the law the case might otherwise appear to be.”

Resource Information
Author
Firu
Category
Litigation Corner, Pleading Aids
Firu Africa

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