12 Dec 1988
MESSRS. LOUIS KAN-NANG KWONG AND ANOTHER v. COMMISSIONER OF INLAND REVENUE
- Citation
- MESSRS. LOUIS KAN-NANG KWONG AND ANOTHER v. COMMISSIONER OF INLAND REVENUE
- Court
- Court of First Instance
- Case number
- HCIA5/1988
On the agreed facts a reasonable tribunal could conclude the letting constituted carrying on a business: the premises were let as a going concern, the licence and name remained with the landlords, covenants protected goodwill and imposed obligations to insure and maintain plant and fittings, and rentals materially exceeded rateable value; therefore the Board did not err in law in treating the receipts as profits from a business and not apportioning rent to plant and equipment for tax purposes.