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Aspects of the administrative law relationship between the taxpayer and the Commissioner for Inland Revenue

Bibliography: pages 133-135.

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Main Author: Schweitzer, A G
Format: Thesis
Language:English
Published: Department of Public Law 2016
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access_status_str Open Access
author Schweitzer, A G
author_browse Schweitzer, A G
author_facet Schweitzer, A G
author_sort Schweitzer, A G
collection Thesis
description Bibliography: pages 133-135.
format Thesis
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institution University of Cape Town (South Africa)
language eng
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license_str Not specified — see source repository
provenance_str_mv Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository
publishDate 2016
publishDateRange 2016
publishDateSort 2016
publisher Department of Public Law
publisherStr Department of Public Law
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spelling oai:open.uct.ac.za:11427/22172 Aspects of the administrative law relationship between the taxpayer and the Commissioner for Inland Revenue Schweitzer, A G Income tax - Law and legislation - South Africa Taxation - Law and legislation - South Africa Tax administration and procedure - South Africa Tax collection - Law and legislation - South Africa Bibliography: pages 133-135. There is an administrative law relationship between the taxpayer and the Commissioner for Inland Revenue, (hereinafter referred to as 'the Commissioner') The basis of this relationship is that the Commissioner is required to collect tax and the taxpayer is required to pay the tax. In exercising his powers under the Income Tax Act No. 58 of 1962 (hereinafter referred to as the Act), the Commissioner has been conferred with discretionary powers. In this thesis, this administrative law relationship is examined with specific reference to the means of regulating the exercise by the Commissioner of his discretionary powers. There are a number of ways in which the discretionary powers of the Commissioner may be regulated. Generally discretion may be regulated by 'rule based administrative action' (1). This means that discretionary power is exercised subject to internal rules which state how discretionary power must be exercised. Another method of regulating the exercise of discretionary power is subsumed under the category of 'adjudicative techniques of decision' (2). The essence of the latter category is that the affected person participates in the decision which affects him. The exercise of discretionary power may be regulated furthermore if the Minister who has responsibility for the Department is required to be responsible for and account publicly for the actions of his subordinate. In this thesis, examples of rule based administrative action and adjudicative techniques of decision are examined. 2016-10-18T11:33:19Z 2016-10-18T11:33:19Z 1991 Master Thesis Masters LLM http://hdl.handle.net/11427/22172 eng application/pdf Department of Public Law Faculty of Law University of Cape Town
spellingShingle Income tax - Law and legislation - South Africa
Taxation - Law and legislation - South Africa
Tax administration and procedure - South Africa
Tax collection - Law and legislation - South Africa
Schweitzer, A G
Aspects of the administrative law relationship between the taxpayer and the Commissioner for Inland Revenue
thesis_degree_str Master's
title Aspects of the administrative law relationship between the taxpayer and the Commissioner for Inland Revenue
title_full Aspects of the administrative law relationship between the taxpayer and the Commissioner for Inland Revenue
title_fullStr Aspects of the administrative law relationship between the taxpayer and the Commissioner for Inland Revenue
title_full_unstemmed Aspects of the administrative law relationship between the taxpayer and the Commissioner for Inland Revenue
title_short Aspects of the administrative law relationship between the taxpayer and the Commissioner for Inland Revenue
title_sort aspects of the administrative law relationship between the taxpayer and the commissioner for inland revenue
topic Income tax - Law and legislation - South Africa
Taxation - Law and legislation - South Africa
Tax administration and procedure - South Africa
Tax collection - Law and legislation - South Africa
url http://hdl.handle.net/11427/22172
work_keys_str_mv AT schweitzerag aspectsoftheadministrativelawrelationshipbetweenthetaxpayerandthecommissionerforinlandrevenue