26 Aug 2011
TUNGTEX TRADING CO LTD v. COMMISSIONER OF INLAND REVENUE
- Citation
- TUNGTEX TRADING CO LTD v. COMMISSIONER OF INLAND REVENUE
- Court
- Court of First Instance
- Case number
- HCIA7/2009
Application dismissed: proposed additional factual findings and amended questions were not material to any tenable argument given the Board's findings that the JV was the separate manufacturer and that the taxpayer's profit producing transactions (purchase and resale) were in Hong Kong; binding authorities (Datatronic, CG Lighting) establish such antecedent/ancillary activities do not change source; DIPN 21 does not confer legal entitlement to apportionment. The Court will not direct the Board to make the taxpayer's proposed findings or to restate questions accordingly.