OCHBERG v COMMISSIONER FOR INLAND REVENUE 5 SATC 93

Division: Appellate
Judges: DE VILLIERS CJ, WESSELS, CURLEWIS, STRATFORD AND ROOS JJA
Date: 10 April 1931
Also cited as: 1931 AD 215
Income tax – Private company – Issue of shares to principal shareholder – Consideration for services rendered – Whether income or fictitious increase of capital – Benefit as element in income – Findings of fact by Special Court – No appeal to Supreme Court – No power of remission by Supreme Court for further findings – Onus of proof of liability for tax – Not restricted – Intention a question of fact – Assessment of annual profit under continuing contracts – Sections 7, 57, 58(7) and 60, of Act 40 of 1925.
Appeal from a decision of the Cape Provincial Division of the Supreme Court.

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