South African Revenue Service (SARS) Commissioner Edward Kieswetter has welcomed an order issued to Tiar Construction for its sole member to cooperate with the liquidators in the administration of the company’s estate.
The application was instituted by the co-liquidators of Tiar Construction as a last resort to secure the cooperation of the sole member, Mr L Marimuthu, of the insolvent entity.
“This was to compel Marimuthu to cooperate with the co-liquidators in the execution of, and to secure compliance with, legal obligations in the winding up of the estate.
“The issues before the court included the failure of Mr Marimuthu, to disclose the existence of all Tiar Construction’s assets, providing the co-liquidators with all documents and assets relating to the entity, and handing over all documents and assets of the entity,” SARS said on Monday.
During last week’s hearing, legal representatives for Mr Marimuthu applied for the postponement of the matter.
This application for the postponement was refused by the court because it was not satisfied that the application was in good faith and that the litigants could not be allowed to evade processes of court.
“The main application was, however, heard and an order handed down by the court ordering the sole member to deliver a statement of affairs of Tiar Construction as well as to hand over all documents and assets in his possession relating to Tiar Construction and/or confirm the whereabouts of those not in his possession,” the revenue service said.
SARS has acknowledged that in trying economic times the frequency of taxpayers’ facing insolvency rises.
In this regard, the liquidators play a pivotal role during the process of winding up the business of companies and in the recovery all assets, as well as protecting the rights of creditors in the estate – including SARS.
“SARS will resist any efforts by any taxpayer to wilfully engage in a strategy to evade compliance with their obligations in liquidation proceedings and frustrate court processes.
“This is done to the detriment of creditors in the insolvent estate. In many instances, the fiscus is the main victim. SARS will continue to act without hesitation against non-compliant taxpayers and calls on those who act obstructively to stymie the pursuit of liquidation and sequestration to desist,” Kieswetter said.
The Commissioner reiterated that SARS would not tolerate it when taxpayers act maliciously through the abuse of court processes and employ dilatory tactics to deprive SARS what is due and payable to the fiscus.
“I urge all insolvency practitioners to continue to execute their duties fearlessly and determinedly. These efforts are fundamental to creditors’ abilities to recover debts due to them,” he said.
SARS said it will always work in the manner that supports the growth of the economy, creating jobs, while fighting poverty and inequality.
“Where, for whatever reason businesses do not perform optimally and they are not viable, every role player in the process is duty bound to act ethically and professionally, without fear, favour or prejudice,” SARS said. – SAnews.gov.za
Mercury Reborn
Droewors – dried sausage [droo-ah-vors] A term used to describe a dried sausage, very similar to biltong or the German bratwurst or mettwurst.
Eerie Mizzen
The Man who could only Drink Milk
I know an old man who had lived a life full of adventure, but his health started to catch up with him. He\’d run the Boston Marathon, was an avid surfer, and climbed Everest, but he\’d started to have abdominal pains around his 85th birthday and went to see a doctor. Sadly, he ultimately was diagnosed with a rare degenerative liver disease that slowly made him allergic to everything he ate.
He kept copious notes, and as an avid gastronomist slowly grew to despair as everything he\’d spent his life enjoying became something he could no longer eat. Alcohol went first, then mushrooms, then bread, then root vegetables, then coffee, one at a time he had to remove them from his diet. The doctor was clear: if he kept eating something his liver rejected the autoimmune response would be quick and severe, and would lead to a painful death. Little by little, everything was taken away as an option, until the only thing that remained was milk.
In some ways, this actually made life easier, because the mental strain of remembering what he could and couldn\’t eat was gone, but then so was the joy in variety. But he took it in stride, and got his own cow and took classes from a farmer to learn everything he could about the only thing that could give him sustenance. And even within milk, he could still have yogurt, butter, cream, some cheeses, and other milk-derived products he hadn\’t fully rejected yet, so it wasn\’t all bad. But then one day a few months later he felt the pain again, and he knew cow\’s milk was no longer an option.
Lacking other options, he tried goat\’s milk, and he was delighted that it worked! The protein structure is just different enough that his body still tolerated it. That bought him another month. And that\’s when we came up with a wonderful plan to go on one last grand adventure around the world. If he could get one month of life out of the milk of every mammal, he\’d actually have a few more years to enjoy life to the fullest and see the world in all its beauty. Each month, we\’d pick a place with a new mammal, and he would immerse himself fully with the locals, learn all the ways to prepare the milk, and just enjoy the hand he had been dealt as much as he could.
We milked sheep in New Zealand. Camels in Egypt. Zebras in South Africa. Giant bats in Indonesia. Do you know how many Peruvian cuy you need to milk to get a single glass? I do. Even as his health slowly faded, he stayed cheerful, and I felt lucky to join him on the adventure of a lifetime. That brings us to today when he got to the very end of his spreadsheet, and declared that he was now allergic to every mammal. He\’d enjoyed his journey, but his time had come to an end, for there was nothing left to milk.
To which I said nonsense, I bet we can milk a few thousand karma out of this post.