IOI Properties Group Berhad v Ketua Pengarah Hasil Dalam Negeri

wa-25-354-10-2021 High Court (Mahkamah Tinggi) 15 January 2026 • WA-25-354-10/2021 • 13 min read

5 cases cited (0 SG, 5 foreign)

Catchwords

Judicial review-Notices of Assessment and penalty imposed on the Applicant-Applicant entered into a Share Sale Agreement-obtained loans to finance the purchase of shares-part of the loans used to pay of the historic debts of the company, making the company now indebted to the Applicant-company pays Applicant interest on the Historic Debts-interest received treated as income and Applicant pays tax on the income-question whether the interest paid on the loan taken by the Applicant is a deductible expense being a revenue expense under s. 33(1) of the Income Tax Act 1967-whether the Applicant should have appealed to the SCIT under s.99 of the ITA-Applicant contends availability of domestic remedy does not bar judicial review when there is an error of law and clear lack of jurisdiction-whether there are findings of fact to be made by the SCIT.

Judges (1)

Alice Loke Yee Ching Delivered

Counsel (6)

Lee Hishammudin Allen & Gledhill Firm Chris Toh Pei Roo Counsel Applicant Dato' Nitin Nadkarni Counsel Applicant Mohammad Hafidz bin Ahmad Counsel Respondent Muhammad Danial Izzat bin Zulbahari Counsel Respondent Soon Jua Ying Counsel Applicant

Parties (2)

IOI Properties Group Berhad Applicant Ketua Pengarah Hasil Dalam Negeri Respondent

Statutes Cited

Income Tax Act

s 99

Income Tax Act 1967 (Cap 53)

Cases Cited (5)

MY (5)

[1978] 1 MLJ 203 [1987] 2 MLJ 185 [2011] 2 MLJ 457 [2017] 1 MLJ 563 [2017] 2 MLJ 197

Judgment

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Read on eJudgment

Source: eJudgment (wa-25-354-10-2021)