30 Sept 2011
KONG TAI SHOES MANUFACTURING CO LTD v. COMMISSIONER OF INLAND REVENUE
- Citation
- KONG TAI SHOES MANUFACTURING CO LTD v. COMMISSIONER OF INLAND REVENUE
- Court
- Court of First Instance
- Case number
- HCAL34/2011
The court refused to quash the assessments as ultra vires because estimated assessments under IRO s.59(2) are real and binding, there was insufficient basis in a judicial review to determine source of profits or to conclude assessors unlawfully exercised s.61A, but found inordinate delay by the Commissioner in determining objections for the earlier years such that mandamus was warranted with specific deadlines; the refusal to unconditionally hold over tax and the requirement to buy TRCs was not irrational.