Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Stamp act 1949

Legal area

Court

27 May 2021

PARKWOOD PALMS SDN BHD (Company No: 1276524-M) PEMUNGUT DUTI SETEM

Citation

JA-24NCVC-732-11/2019 (Mahkamah Tinggi)
Court

High Court
Case number

JA-24NCVC-732-11/2019 (Mahkamah Tinggi)

JPPHJB's valuation was set aside because it used comparables outside the proper vicinity and outside the two-year guideline, failed to account for adverse factors (proximity to funeral parlour/crematoria/cemeteries, unfavourable surroundings, sluggish market) and was supported only by reports whose author did not give oral evidence (hearsay); consequently the Court accepted the Plaintiff's Landserve valuation of MYR61,390,000 as the correct market value for stamp duty assessment.
20 Dec 2019

LEE KOY ENG (NRIC No.: 550105-10-5586) PEMUNGUT DUTI SETEM

Citation

BA-14-1-03/2019 (Mahkamah Tinggi)
Court

High Court
Case number

BA-14-1-03/2019 (Mahkamah Tinggi)

Forms 14A were instruments executed to give effect to beneficiaries' renunciation by operation of law and not inter vivos gifts because the beneficiaries held no proprietary interest prior to administration; therefore Item 66(c) (and Item 46) did not apply and the applicable stamp duty is Item 32(i) (nominal RM10); Collector's ad valorem assessment was erroneous and excess must be refunded with interest and costs.