CAA CAPITAL MANAGEMENT BERHAD (dahulunya dikenali sebagai Igenious Billion Berhad) KETUA PENGARAH HASIL DALAM NEGERI

CAA CAPITAL MANAGEMENT BERHAD (dahulunya dikenali sebagai Igenious Billion Berhad) KETUA PENGARAH HASIL DALAM NEGERI

The application for leave was dismissed as premature and an abuse of process because the applicant failed to exhaust the statutory appeal to the Special Commissioners under s.99 Income Tax Act 1967 and did not demonstrate very exceptional circumstances to justify bypassing the domestic remedy; factual and legal issues over recharacterisation and deductibility are matters for the Special Commissioners.

Citation
WA-25-371-08-2019 (Mahkamah Tinggi)
Parties
Applicant/pemohon: CAA Capital Management Berhad (formerly Igenious Billion Berhad); Respondent/responden: Ketua Pengarah Hasil Dalam Negeri
Court
High Court
Jurisdiction
Malaysia
Judgment Date
18 September 2019
Case Number
WA-25-371-08-2019 (Mahkamah Tinggi)
Procedural Posture
Judicial Review (application for Certiorari) / Leave Application (permission Stage)
Outcome
Application for leave for judicial review dismissed as premature and an abuse of process; no leave granted.
Legal Topics
Assessment and Appeals Under Income Tax Act 1967, Special Commissioners Appeal (s.99), S.140 Adjustment Procedure, Deductibility of Interest (s.33), Recharacterisation of Financial Instruments, Exhaustion of Domestic Remedies, Leave to Apply for Judicial Review (o.53)
Source Language
Malay/English
Tax Law Administrative Law Judicial Review Procedural Law Assessment and Appeals Under Income Tax Act 1967 Special Commissioners Appeal (s.99) S.140 Adjustment Procedure Deductibility of Interest (s.33) +3 more

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Parties

CAA Capital Management Berhad (formerly Igenious Billion Berhad)

Applicant/pemohon

Ketua Pengarah Hasil Dalam Negeri

Respondent/responden

Procedural Posture

Judicial Review (application for Certiorari) / Leave Application (permission Stage)

Legal Issues

  1. 1 Whether the applicant may seek leave for judicial review despite an available statutory appeal to the Special Commissioners under s.99 ITA/ACP 1967
  2. 2 Whether the Director-General lawfully recharacterised Redeemable Preference Shares and disallowed interest deductions
  3. 3 Whether s.140(1) and s.140(5) requirements (stating subsection used and particulars of adjustment) were breached

Ratio Decidendi

The application for leave was dismissed as premature and an abuse of process because the applicant failed to exhaust the statutory appeal to the Special Commissioners under s.99 Income Tax Act 1967 and did not demonstrate very exceptional circumstances to justify bypassing the domestic remedy; factual and legal issues over recharacterisation and deductibility are matters for the Special Commissioners.

Court Disposition

Application for leave for judicial review dismissed as premature and an abuse of process; no leave granted.

Orders

  • Application for leave to apply for judicial review dismissed
  • Costs of RM2000.00 awarded to the Attorney General subject to alowans