1 Jan 1900
1. ) MOHD ZAINURI BIN MOHD IDRUS 2. ) KETUA PENGARAH HASIL DALAM NEGERI 1. ) KETUA PENGARAH HASIL DALAM NEGERI 2. ) MOHD ZAINURI BIN MOHD IDRUS
- Citation
- WA-14-3-03/2018 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-14-3-03/2018 (Mahkamah Tinggi)
The High Court upheld SCIT's factual conclusion that the payment was made to settle disputes and not a bona fide ordinary share sale, validating DGIR's use of s140(1)(a) to treat the RM30,000,000 as taxable settlement gains under s4(f); the imposition of penalty under s113(2) was a lawful exercise of discretion; however SCIT lacked jurisdiction to declare the additional assessment null and void for noncompliance with s140(5), and failure to include particulars does not automatically invalidate an assessment—the appropriate remedy is to seek relief in the High Court.