20 Aug 2003
COMMISSIONER OF INLAND REVENUE v. KWONG MILE SERVICES LTD
- Citation
- COMMISSIONER OF INLAND REVENUE v. KWONG MILE SERVICES LTD
- Court
- Court of Appeal
- Case number
- CACV371/2002
The Court held that the relevant profits arose in Hong Kong because the taxpayer's marketing and sales activities conducted in Hong Kong (through its Hong Kong agent, binding provisional agreements signed in Hong Kong and payments in Hong Kong dollars) were the operations that produced the profits; the Board of Review erred in law by treating the underwriting contract executed in Guangzhou as the sole source of profit and excluding the Hong Kong activities; accordingly the profits were taxable under s.14 and the Case Stated appeal was competent because the Board's conclusion involved legal er…