28 Nov 2023
KETUA PENGARAH HASIL DALAM NEGERI MALAYSIA EHSAN ARMADA SDN BHD
- Citation
- W-01(A)-190-04/2022 (Mahkamah Rayuan)
- Court
- A
- Case number
- W-01(A)-190-04/2022 (Mahkamah Rayuan)
The Exemption Sum paid to LPHS was a one-off capital outlay that procured an enduring advantage (exemption from low-cost housing obligation) and therefore is not deductible under s33(1) ITA 1967; DGIR was not time-barred because the taxpayer negligently understated income; the 45% penalty under s113(2) was properly and reasonably imposed; the High Court's allowance was set aside and the SCIT decision reinstated.