4 Jul 2022
Ketua Pengarah Hasil Dalam Negeri CASH BAND (M) BERHAD
- Citation
- WA-14-12-08/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-14-12-08/2021 (Mahkamah Tinggi)
The High Court upheld the SCIT: the respondent acquired and used the lands as a capital asset for a golf club, held them for seven years while actively managing the club, did not actively participate in development (PA and DA delegated development to Setia Eco), bore no development risk (guaranteed minimum, no profit sharing), and the badges of trade support a capital disposal; therefore the proceeds were capital receipts subject to RPGT and not revenue under s4(a) ITA, so the appeal by the DGIR is dismissed.