Oliver Modise
3 April 2008
Gaborone businessman, Robert Masitara, also a member of the Botswana Democratic Party (BDP) central committee, has lost with costs the case in which he was challenging the Botswana Unified Revenue Service (BURS) tax claim of P800,000 against him.
Justice Ian Kirby delivered judgement in the case yesterday following a wrangle with Masitara who argued that BURS' calculated tax claims were flawed because the accountants who did the audit of his organisation 'were incompetent'.
"It is clear from the record and affidavits that the additional assessments levied, as well as the penalties imposed were based principally on extra income of the applicant found by the Commissioner General not to have been declared in returns rendered for the years 2000, 2001 and 2002," said Kirby.
Kirby also dismissed a request by Masitara's lawyer who pleaded with the court to suspend attaching Masitara's property pending possible recourse to the Appeal's Court. "The effect of this would be to undermine the spirit of the 'pay now, argue later' rule in the Income Tax Act," he said.
Masitara attracted the taxman after his lavish wedding in 2002. His wedding ring cost P172, 000 while a high society events organiser from South Africa was engaged to cater at the celebrity event.
In his assessment, Kirby states that he noted that "there was a game of ducks and drakes between BURS and Masitara" after he failed to supply BURS with bank deposit and cheque books of all accounts as well as copies of foreign bank drafts that were necessary for BURS to probe his proper income and expenditure for the year 2000, 2001 and 2002.
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