Sports / Soccer
Motor Action owner accused of defrauding Zimra
23 Jul 2013 at 04:44hrs | Views
Motor Action football club owner Eric Rosen has appeared in court for allegedly fraudulently acquiring a Zimbabwe Revenue Authority tax clearance certificate.
Rosen (67) who was representing his company Eric Rosen (Pvt) (Ltd) pleaded not guilty to breaching sections of the Income Tax Act when he appeared before Harare magistrate Mr Donald Ndirowei yesterday.
The magistrate deferred the case to today for a ruling on his application for discharge at the close of the State case.
In his defence outline, Rosen, who was represented by Mr Tinofara Hove, argued that he had not breached any section of the Act.
"Accused will state that he never intended 'to evade or assist other person to evade assessment or taxation' as provided for in the Income Tax Act Chapter 23:06 Section 86 (1)(d). It will be argued that the accused paid tax during the period as more fully appears from his tax returns and financial statements which are attached.
"Evidence will show that the accused contracted Eras Accounting and Executor Services (Pvt) Ltd to do tax returns. Accordingly accused did not personally acquire the alleged tax clearance certificate," argued Mr Hove.
Prosecutor Mr Oscar Madhume led evidence from Zimra investigations officer Mr Matthias Siziba, who told the court that the document which was recovered from Mr Rosen was a fake.
He said there were visible anomalies on the logo. After Mr Madhume closed the State case Mr Hove made an application for discharge arguing that the State had not proved a prima-facie case against his client.
He argued that the State only led one witness, whose evidence was uncorroborated.
He also argued that the offence was not possession of the document in question but making use of it. He said the case was an abuse of the court system.
Mr Ndirowei will rule on the matter today.
The State alleges that Rosen's company made use of a fraudulently acquired Tax Clearance Certificate to the prejudice of Zimra during period between January 2009 to December 31 the same year, contrary to what is required by the commissioner of Zimra.
Rosen (67) who was representing his company Eric Rosen (Pvt) (Ltd) pleaded not guilty to breaching sections of the Income Tax Act when he appeared before Harare magistrate Mr Donald Ndirowei yesterday.
The magistrate deferred the case to today for a ruling on his application for discharge at the close of the State case.
In his defence outline, Rosen, who was represented by Mr Tinofara Hove, argued that he had not breached any section of the Act.
"Accused will state that he never intended 'to evade or assist other person to evade assessment or taxation' as provided for in the Income Tax Act Chapter 23:06 Section 86 (1)(d). It will be argued that the accused paid tax during the period as more fully appears from his tax returns and financial statements which are attached.
"Evidence will show that the accused contracted Eras Accounting and Executor Services (Pvt) Ltd to do tax returns. Accordingly accused did not personally acquire the alleged tax clearance certificate," argued Mr Hove.
Prosecutor Mr Oscar Madhume led evidence from Zimra investigations officer Mr Matthias Siziba, who told the court that the document which was recovered from Mr Rosen was a fake.
He said there were visible anomalies on the logo. After Mr Madhume closed the State case Mr Hove made an application for discharge arguing that the State had not proved a prima-facie case against his client.
He argued that the State only led one witness, whose evidence was uncorroborated.
He also argued that the offence was not possession of the document in question but making use of it. He said the case was an abuse of the court system.
Mr Ndirowei will rule on the matter today.
The State alleges that Rosen's company made use of a fraudulently acquired Tax Clearance Certificate to the prejudice of Zimra during period between January 2009 to December 31 the same year, contrary to what is required by the commissioner of Zimra.
Source - herald
