Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Tax reserve certificate

Legal area

Court

2 Dec 2005

NAM TAI TRADING CO LTD v. COMMISSIONER OF INLAND REVENUE

Citation

NAM TAI TRADING CO LTD v. COMMISSIONER OF INLAND REVENUE
Court

Court of First Instance
Case number

HCAL80/2004

The application was dismissed because the Commissioner lawfully applied the IRD holdover policy (DIPN 6) and reached different, reasonable conclusions for the two years based on materially different evidence of recoupment; the partial unconditional holdover and conditional holdover with TRC requirement for HK$4,420,000 were lawful under s71(2); there was no irrationality, failure to give adequate reasons, error of law or legitimate expectation warranting relief.
30 Jun 2005

CHIA TAI CONTI-HONG KONG LTD. v. COMMISSIONER OF INLAND REVENUE

Citation

CHIA TAI CONTI-HONG KONG LTD. v. COMMISSIONER OF INLAND REVENUE
Court

Court of First Instance
Case number

HCAL105/2004

The Commissioner lawfully exercised his discretion under the Inland Revenue Ordinance to impose a conditional holdover requiring purchase of a TRC; the decision was not Wednesbury unreasonable, there was no undue delay or abuse of power, and no statutory or common law duty required further reasons in the circumstances; the judicial review application was dismissed with costs.