PART III
Objections and Appeals
81. ……….
82. ……….
83. ……….
84. ……….
85. ……….
86. ……….
87. ……….
88 Payment of tax pending objection and appeal
(1) . . . . . .
[Subsection (1) repealed by section 271 read with paragraph 66 of Schedule 1 of Act 28 of 2011]
(2) . . . . . .
[Subsection (2) repealed by section 271 read with paragraph 66 of Schedule 1 of Act 28 of 2011]
(3) . . . . . .
[Subsection (3) repealed by section 271 read with paragraph 66 of Schedule 1 of Act 28 of 2011]
(4) . . . . . .
[Subsection (4) repealed by section 271 read with paragraph 66 of Schedule 1 of Act 28 of 2011]
(5) Where any assessment is altered in accordance with—
(a) an objection or appeal;
(b) a decision by a court of law under section 86A; or
(c) a decision by the Commissioner to concede the appeal to the tax board or the tax court or that court of law,
a due adjustment must be made, amounts paid in excess refunded with interest at the prescribed rate, the interest being calculated from the date that excess was received by the Commissioner to the date the refunded tax is paid, and amounts short-paid being recoverable with interest calculated as provided in section 89.
(6) The payment by the Commissioner of any interest under the provisions of this section shall be deemed to be a drawback from revenue charged to the National Revenue Fund.
(7) The provisions of section 102(3) apply mutatis mutandis in respect of any amount refundable and any interest payable by the Commissioner under this section.
[Section 88 amended by section 12 of Act 6 of 1963, substituted by section 44 of Act 85 of 1974, amended by section 25 of Act 103 of 1976 and by section 24(1) of Act 91 of 1982, substituted by section 30(1) of Act 121 of 1984, by section 17(1) of Act 70 of 1989 and by section 40 of Act 113 of 1993, amended by section 14(1) of Act 140 of 1993, by section 60(1) of Act 60 of 2001, by section 14 of Act 32 of 2005 and by section 17(1) of Act 4 of 2008 and substituted by section 13(1) of Act 18 of 2009 effective on 1 February, 2011 and applicable to all amounts payable by or to the Commissioner on or after such date, and where payment was already suspended on such date, that suspension will lapse on the earlier of the expiry date thereof or six months from the date so determined by the Minister – section 13 of Act 18 of 2009 pending repeal by section 271 read with paragraph 196 of Schedule 1 of Act 28 of 2011 superseded by repeal of section 88(5)-(7) of this Act by section 271 read with paragraph 66 of Schedule 1 of Act 28 of 2011]