Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Time-barred assessments

Legal area

Court

14 Sept 2022

ETIQA FAMILY TAKAFUL BERHAD (DAHULUNYA DIKENALI SEBAGAI ETIQA TAKAFUL BERHAD) Ketua Pengarah Hasil Dalam Negeri

Citation

WA-14-9-04/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-14-9-04/2021 (Mahkamah Tinggi)

Section 60AA, as a specific code governing takaful operators, prevails over the general deduction provision in s33(1) for the purpose of allowable deductions in the Shareholders' Fund; therefore commission expenses were not deductible under s33 for YAs 2008-2013. However the Director General failed to discharge the burden under s91(3) to show negligence for YAs 2008-2010, so assessments relying on that provision and the penalties under s113(2) were not justified and were quashed.
5 Jan 2022

WA-25-288-08/2021 (Mahkamah Tinggi)

Citation

WA-25-288-08/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-25-288-08/2021 (Mahkamah Tinggi)

Court exercised its discretionary power to grant an interim stay because special circumstances existed: the Respondent’s decision imposed a large tax and penalty liability (RM5,415,159.63) that risked causing irreparable financial harm and possible insolvency, the Applicant had made prior disclosures and RPGT payments, there was documented systemic delay in tax refunds by the IRB, the balance of convenience favoured preserving the status quo, and nothing in the ITA expressly ousted the court’s jurisdiction to grant a stay pending appeal under Rules of Court and inherent powers.