3 Jul 2025
Profound Reliance Sdn Bhd Ketua Pengarah Hasil Dalam Negeri
- Citation
- WA-14-13-05/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-14-13-05/2022 (Mahkamah Tinggi)
The court held that the DGIR lawfully rejected Profound's s.131 applications because the returns were prepared in accordance with the DGIR's prevailing practice (Public Ruling No.1/2009) and there was insufficient evidence of an 'error or mistake'; on the merits the disposals exhibited badges of trade and formed part of a commercial arrangement within the group, such that the gains were taxable as business income under the ITA 1967 rather than capital gains under the RPGT 1976. The SCIT misdirected itself on facts and law regarding intention to trade for YA2009‑2010 and was set aside accordin…
- Section 131 income tax act 1967 (relief for error or mistake)
- Badges of trade
- Real property gains tax vs income tax
- Right of appeal s.99 ita 1967
- Public ruling practice of dgir