84.    Rulings rendered void

 

(1)     A ‘binding private ruling’ or ‘binding class ruling’ is void ab initio if-

 

(a)     the ‘proposed transaction’ as described in the ruling is materially different from the ‘transaction’ actually carried out;

 

(b)     there is fraud, misrepresentation or non-disclosure of a material fact; or

 

(c)     an assumption made or condition imposed by SARS is not satisfied or carried out.

 

(2)     For purposes of this section, a fact described in subsection (1) is considered material if it would have resulted in a different ruling had SARS been aware of it when the original ruling was made.