2 Jul 2025
Ketua Pengarah Hasil Dalam Negeri EXCEPTIONAL LANDMARK SDN BHD
- Citation
- WA-14-2-02/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-14-2-02/2023 (Mahkamah Tinggi)
The High Court found no legal error or perverse finding in the SCIT's application of the badges of trade to the totality of evidence; SCIT's factual findings (investment purpose in M&A, classification as non-current asset, lack of repetition, absence of marketing or brokers, maintenance works only) supported treatment of the disposal as capital and subject to RPGT with the applicable ministerial exemption, so the DGIR's additional assessment and s113(2) penalty were unwarranted; consequently the SCIT decision was upheld and the appeal dismissed.