由 Penelope Gan 和 Tee Puang Yan 撰写
Written by Penelope Gan and Tee Puang Yan
In 2007, a Group decision to withdraw from the plantation business altogether required the Respondent to dispose of the lands. The Respondent subdivided the lands into smaller lots and sold the lands to various parties vide ten transactions between 2007 and 2017. The Respondent submitted Real Property Gains Tax (‘RPGT’) returns for the disposals, and the Inland Revenue Board (‘IRB’) issued Real Property Gains Tax Act 1976 (‘the RPGTA’) assessments and RPGT certificates from 2011 to 2018.
In 2019, after a tax investigation, the IRB took the position that the proceeds of the disposals were subject to income tax under s 4(a) of the Income Tax Act (‘the ITA’).
In 2020, the IRB, without first discharging or revoking the RPGTA certificates and assessments, raised Notices of Additional Assessment against the Respondent, imposing income tax and 60% penalties (more than RM81 million).
In Malaysia, competition law is governed by the Competition Act 2010 (‘the CA 2010’). The Malaysia Competition Commission (‘MyCC’), established under CA 2010, aims to protect the competitive process for the betterment of Malaysian businesses and economy.
Malaysia’s competition law prohibits two main types of anti-competitive activity.
Written by Lim Tse Hwei and Kam Sue Herng. Keysight Technologies Malaysia Sdn Bhd v. Director General of Inland Revenue [2025] 1 CLJ 883 Held in the Court of Appeal (“COA”) whereby the date of…