11 Arm’s length transactions

 

(1)     To the extent that the earnings before interest and taxes determined in terms of section 5 differ from the earnings that an extractor would have taken into account if those earnings had been derived from transactions entered into at arm’s length, the Commissioner may adjust the earnings to reflect the earnings that would have been taken into account.

 

(2)      To the extent that the gross sales determined in terms of section 6(1)(a) or section 6(2)(a) differ from the gross sales that an extractor would have taken into account if the gross sales had been derived from transactions entered into at arm’s length, the Commissioner may adjust the gross sales to reflect the gross sales that would have been taken into account.