Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Re-opening assessments
  • 17 Jan 2006

    THE COMMISSIONER OF INLAND REVENUE v. COMMON EMPIRE LTD

    Citation
    THE COMMISSIONER OF INLAND REVENUE v. COMMON EMPIRE LTD
    Court
    Court of First Instance
    Case number
    HCIA1/2004

    Computation of profit or loss (a statement of loss) is not an 'assessment' under sections 59, 60 and 62 of the Inland Revenue Ordinance; statements of loss are administrative and may be revisited to determine their effect on later years; the Commissioner validly revised the carried forward loss so as to remove an improperly carried forward loss and lawfully issued an additional assessment within the six-year limitation of section 60; the Board erred in treating the computation of loss as an assessment and in holding the Commissioner exceeded powers.