Return-Path: Received: from rs10.cphost.co.za by rs10.cphost.co.za with LMTP id 6Al7Fa66mWL/PgAA/iTCYQ (envelope-from ); Fri, 03 Jun 2022 09:39:26 +0200 Return-path: Envelope-to: nishen@jclcargo.co.za, lisa@jclcargo.co.za Delivery-date: Fri, 03 Jun 2022 09:39:26 +0200 Received: from [41.193.19.22] (port=49701 helo=[192.168.101.108]) by rs10.cphost.co.za with esmtpa (Exim 4.95) (envelope-from ) id 1nx1u3-0000zy-El; Fri, 03 Jun 2022 09:39:26 +0200 User-Agent: Microsoft-MacOutlook/16.61.22050700 Date: Fri, 03 Jun 2022 09:39:25 +0200 Subject: Re: Tomapoint From: Hassan Varachia To: Kirun Naik , Nishen CC: Lisa Message-ID: <251DBB6C-922B-48A2-AD39-C0D32207253A@jclcargo.co.za> Thread-Topic: Tomapoint References: <8EE27078-5075-461D-B8EC-44E93D282618@gmail.com> <04A86BFF-878E-4684-A0D4-E0C2D29A58DC@gmail.com> In-Reply-To: <04A86BFF-878E-4684-A0D4-E0C2D29A58DC@gmail.com> Mime-version: 1.0 Content-type: multipart/alternative; boundary="B_3737093966_1058148146" > This message is in MIME format. Since your mail reader does not understand this format, some or all of this message may not be legible. --B_3737093966_1058148146 Content-type: text/plain; charset="UTF-8" Content-transfer-encoding: quoted-printable Dear Kirun, =20 Initially SARS sent a letter of demand for Tomapoint for these 2 consignmen= ts, then it withdrew the letter of demand and issued a new letter of demand = holding both Tomapoint and JCL jointly and severally liable. =20 SARS then proceeded by taking monies (Total R 1785 277.38) from our ABSA ac= count as follows: =20 11/03/2020 NPF DEBIT PMNT M/M B1 064 834.39 17/03/2020 NPF DEBIT PMNT M/M B720 442.99 Furthermore we also paid RHK as follows: 25/04/2020 High Court Review Ap= plication 201 250.00 =20 Now years later, we receive a supplementary notice of intent holding only J= CL liable=E2=80=A6.received no withdrawal letter for the demand that held JCL & To= mapoint jointly and severally liable. =20 The amounts demanded now is R865 032 (which is R920 245.38 less than what w= as taken from our bank account). =20 So this all very confusing. Is this a different investigation? New facts th= at they found that arrived to a lower figure? What is this now? =20 Regards Hassan =20 =20 From: Kirun Naik Date: Thursday, 02 June 2022 at 19:11 To: Nishen Cc: Lisa , Hassan Varachia Subject: Re: Tomapoint =20 Please do take care when accepting clearing instructions, from clients=E2=80=99.=20 =20 SARS are clearly going to try and keep clearing agents liable in instances = where declared importers can not be found. Also avoid effecting clearances, = where you doubt the veracity of documents furnished to you ( including but n= ot limited to invoice values). In this way, you will avoid a lot of strive. = It also appears that Sars are obtaining export declarations from China. To e= nsure that your instructions are correct, I suggest that you request importe= rs to provide you with copies of export declarations, prior to effecting cle= arances on their behalf. =20 I am not suggesting that JCL is a party to contraventions of the provisions= of the Customs and Excise Act.=20 Kirun Naik BA LLB HDip Co Law HDip Tax ( Wits) Consultant=20 RHK ATTORNEYS U MED BUILDING SUITE 1 - 009 FIRST FLOOR 134 GRAYSTON DRIVE=20 SANDTON JOHANNESBURG 2196 TEL: (010) 350- 0479 Email : kirun@rhkattorneys.co.za and kirunnaik@gmail.com The information herein contained does not necessarily reflect the official = standing or opinion of RHK Attorneys. This e transmission including annexure= s contains confidential and or privileged material. Any review, re transmiss= ion, dissemination or other use of or taking action in reliance upon the inf= ormation without our prior express consent is prohibited. In the event that= you receive this transmission in error, you are required to delete same and= to contact the sender. On 02 Jun 2022, at 18:40, Kirun Naik wrote: =EF=BB=BF FYA=20 =20 Kirun Naik BA LLB HDip Co Law HDip Tax ( Wits) Consultant=20 RHK ATTORNEYS U MED BUILDING SUITE 1 - 009 FIRST FLOOR 134 GRAYSTON DRIVE=20 SANDTON JOHANNESBURG 2196 TEL: (010) 350- 0479 Email : kirun@rhkattorneys.co.za and kirunnaik@gmail.com The information herein contained does not necessarily reflect the official = standing or opinion of RHK Attorneys. This e transmission including annexure= s contains confidential and or privileged material. Any review, re transmiss= ion, dissemination or other use of or taking action in reliance upon the inf= ormation without our prior express consent is prohibited. In the event that= you receive this transmission in error, you are required to delete same and= to contact the sender. --B_3737093966_1058148146 Content-type: text/html; charset="UTF-8" Content-transfer-encoding: quoted-printable

Dear Kirun,

 

Initially SARS sen= t a letter of demand for Tomapoint for these 2 consignments, then it withdre= w the letter of demand and issued a new letter of demand holding both Tomapo= int and JCL jointly and severally liable.

 

SARS then proceeded by ta= king monies (Total R 1785 277.38) from our ABSA account as follows:

 <= /span>

11/03/2020 NPF DEBIT PMNT M/M B

1 064 834.39=

17/03/2020 NPF DEBIT PMNT M/M B

720 442.99<= /o:p>

 

 Furthermore we also paid RHK as foll= ows:

 = ;

25/04/20= 20  High Court Review Application 

  &n= bsp;            = 201 250.00

 

Now years later, we receive a supp= lementary notice of intent holding only JCL liable=E2=80=A6.received no withdrawal= letter for the demand that held JCL & Tomapoint jointly and severally l= iable.

 

The amounts demanded now is R865 032 (which is R920&nbs= p;245.38 less than what was taken from our bank account).<= /p>

 =

So this a= ll very confusing. Is this a different investigation? New facts that they fo= und that arrived to a lower figure? What is this now?

<= p class=3DMsoNormal> 

Regards

Hassan<= span style=3D'color:black'>

 

 

From: Kirun Naik <kirunnaik@g= mail.com>
Date: Thursday, 02 June 2022 at 19:11
To: N= ishen <nishen@jclcargo.co.za>
Cc: Lisa <lisa@jclcargo.co.= za>, Hassan Varachia <hv@jclcargo.co.za>
Subject: Re: Tom= apoint

 <= /p>

Please do take care when accepting clearing inst= ructions, from clients=E2=80=99. 

=  

SARS are clearly going to try = and keep clearing agents liable in instances where declared importers can no= t be found. Also avoid effecting clearances, where you doubt the veracity of= documents furnished to you ( including but not limited to invoice values). = In this way, you will avoid a lot of strive. It also appears that Sars are o= btaining export declarations from China. To ensure that your instructions ar= e correct, I suggest that you request importers to provide you with copies o= f export declarations, prior to effecting clearances on their behalf.

 

I am not suggesting that JCL is a = party to contraventions of the provisions of the Customs and Excise Act.&nbs= p;

Kirun Naik

BA LLB HDip Co Law HDip Tax ( Wits)

<= /div>

Consultant 

RHK ATTORNEYS

U ME= D BUILDING

SUITE 1 - 009

FIRST FLOOR

134 GRAYSTON DRIVE 

SANDTON

JOHANNESBURG

2196

TEL: (010) 350- 0479

Email : kirun@rhkattorneys.co.za and kirunnaik@gmail.com

=

3D"ImageThe information herein contained does not necessarily reflect the official= standing or opinion of RHK Attorneys. This e transmission including annexur= es contains confidential and or privileged material. Any review, re transmis= sion, dissemination or other use of or taking action in reliance upon the in= formation without our prior express consent  is prohibited. In the event that you receive this transmission in = error, you are required to delete same and to contact the sender.



On 02 Jun 2022, at 18:40, Kirun Naik <kirunnaik@gm= ail.com> wrote:

=EF=BB=BF

<= div>

FYA 

=

&= nbsp;

Kirun Naik

<= div>

BA LLB HDip Co Law HDip Tax ( Wits)

Consultant 

RHK ATTORNEYS

U MED = BUILDING

SUITE 1 - 009

FIRST FLOOR

134 GRAYSTON DRIVE 

SANDTON

JOHANNESBURG

2196

TEL: (010) 350- 0479

Email : kirun@rhkattorneys.co.za and kirunnaik@gmail.com

3D"Image= The information herein contained does not necessarily reflect the official s= tanding or opinion of RHK Attorneys. This e transmission including annexures= contains confidential and or privileged material. Any review, re transmissi= on, dissemination or other use of or taking action in reliance upon the info= rmation without our prior express consent  is prohibited. In the event that you receive this transmission in er= ror, you are required to delete same and to contact the sender.<= /o:p>

--B_3737093966_1058148146--