Judgment No. CCZ 7/2014 2 Const. Application No. 41/2014 The facts which gave rise to the questions for determination are these. The applicant is a company incorporated under the laws of Zimbabwe carrying on the business of supplying transport services and selling of fuel. The respondent is an administrative authority established in terms of the Revenue Authority Act [Chapter 23:11]. It is entrusted with the responsibility of assessing taxpayers for tax liability and collecting revenue due to the fiscus in terms of the Value Added Tax Act [Chapter 23:12](“the VAT Act”) and the Income Tax Act [Chapter 23:06] (“the Income Tax Act”). The applicant has been a registered operator in terms of the VAT Act since October 2010. As from 2010, the applicant has been supplying transport services to and purchasing fuel for sale at its service station from an entity called Sakunda Energy. It has always been aware of its obligation to charge value added tax on the invoices for the transport services supplied to Sakunda Energy. Instead of submitting returns of value added tax based on the invoices on the transport services supplied, the applicant set off the costs of fuel purchased from Sakunda Energy against the invoices for the transport services and submitted returns for value added tax in respect of the balance. The respondent commenced investigations into the tax affairs of the applicant in October 2013. Upon examination of the applicant’s books of account, the respondent concluded that the applicant had under-declared the value added tax charged on the invoices on transport services supplied to Sakunda Energy, as a result of the setting off of the cost of fuel purchased against the value of the invoices for the transport services. The applicant was advised of the under declaration on 11 December 2013. The respondent was of the view that the value added

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