STANDARD CHARTERED GLOBAL BUSINESS SERVICES SDN BHD KETUA PENGARAH HASIL DALAM NEGERI

STANDARD CHARTERED GLOBAL BUSINESS SERVICES SDN BHD KETUA PENGARAH HASIL DALAM NEGERI

Leave to apply for judicial review was refused because the applicant had an adequate statutory remedy under s.99 Income Tax Act 1967 to challenge the assessments before the Special Commissioners, and the applicant failed to demonstrate the very exceptional circumstances required to bypass that internal remedy; the...

Source-derived case information.

Citation
WA-25-303-7/2019 (Mahkamah Tinggi)
Parties
Applicant: Standard Chartered Global Business Services Sdn Bhd; Respondent: Ketua Pengarah Hasil Dalam Negeri; Putative Respondent: Lembaga Hasil Dalam Negeri (Putatif Respondent)
Court
High Court
Jurisdiction
Malaysia
Judgment Date
18 September 2019
Case Number
WA-25-303-7/2019 (Mahkamah Tinggi)
Procedural Posture
Judicial Review / Leave Application Refused (permission Stage)
Outcome
Application for leave to apply for judicial review dismissed as premature and an abuse of process
Legal Topics
Tax Incentives, Withholding Tax, MSC Status, Internal Remedies, Jurisdiction, Natural Justice
Tax Law Administrative Law Judicial Review Tax Incentives Withholding Tax MSC Status Internal Remedies Jurisdiction +1 more

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Parties

Standard Chartered Global Business Services Sdn Bhd

Applicant

Ketua Pengarah Hasil Dalam Negeri

Respondent

Lembaga Hasil Dalam Negeri (Putatif Respondent)

Putative Respondent

Procedural Posture

Judicial Review / Leave Application Refused (permission Stage)

  1. 1 Whether the applicant may bypass internal appeal under s.99 Income Tax Act 1967 and seek judicial review
  2. 2 Whether the Director General acted beyond power in withdrawing tax exemptions granted by Minister or MDec
  3. 3 Whether withholding/tax assessments are subject to appeal to the Special Commissioners

Ratio Decidendi

Leave to apply for judicial review was refused because the applicant had an adequate statutory remedy under s.99 Income Tax Act 1967 to challenge the assessments before the Special Commissioners, and the applicant failed to demonstrate the very exceptional circumstances required to bypass that internal remedy; the application was therefore premature and an abuse of process.

Court Disposition

Application for leave to apply for judicial review dismissed as premature and an abuse of process

Orders

  • Permission for judicial review refused
  • Applicant to pay costs of RM2000 to the Attorney General