REVENUE LAW: Income tax

10 cases · August 2024 to February 2026

Case Volume by Year

6
24
3
25
1
26
2024–2026

Key Issues & Sub-Topics

Assessment — Appeal against deciding order — Petrol filling station — Canopy and halide lights — Whether entitled to capital expenditure allowance as “plant expenditure” — Meaning of “plant” — Tropiland principles — Schedule 3 of the Income Tax Act 1967 3 Whether interest expenses deductible — Whether issuance of notices of assessment time-barred — negligence — what amounts to negligence — Whether difference in interpretation and application of statute amounts to being negligent — sections 91(10 and (30 of the Income Tax Act 1967 3 Assessment — Appeal against deciding order — Sale of land — Joint Venture Agreement (JVA) to develop the land — Taxpayer to receive 33 housing units under the JVA — Initial gross proceeds subject to section 3 of the Real Property Gains Tax Act 1976 — Whether subsequent gross proceeds subject to business income — Whether penalty lawfully imposed — Sections 4 and 113(2) of the Income Tax Act 1967. 1 Special Commissioners — Deciding order — Appeal against — Whether company entitled to claim for reinvestment allowance — Paragraphs 1 and 7 of Schedule 7A & section 133A of the Income Tax Act 1967 — Interpretation of Paragraphs 1 and 7 of Schedule 7A 1 finality of tax assessments — Double taxation — DGIR adopted position that proceeds from disposal of lots subject to additional income tax under s. 4(1) of ITA — DGIR issued notices of additional assessment — sought to tax the respondent under both the RPGTA and ITA — Whether there was double taxation — Whether DGIR ought to have revised and discharged assessment under RPGTA then raise taxes under ITA — Whether decision or conduct of DGIR in issuing disputed notices tainted with illegality. 1 Company’s income from own business operation and from a joint venture partnership — Basis period for year of assessment different — Basis period for own operations shall constitute basis period for JV partnership — Whether there exist lacuna between sections 77A and 55 — Whether there was understatement of income — Whether penalties validly imposed — sections 5, 20, 21A(1), 21A(6), 55(3), 55(4), 77A, 77B, 86(1) of the Income Tax Act 1967 1

Assessment — Appeal against deciding order — Petrol filling station — Canopy and halide lights — Whether entitled to capital expenditure allowance as “plant expenditure” — Meaning of “plant” — Tropiland principles — Schedule 3 of the Income Tax Act 1967 3 cases

Whether interest expenses deductible — Whether issuance of notices of assessment time-barred — negligence — what amounts to negligence — Whether difference in interpretation and application of statute amounts to being negligent — sections 91(10 and (30 of the Income Tax Act 1967 3 cases

Assessment — Appeal against deciding order — Sale of land — Joint Venture Agreement (JVA) to develop the land — Taxpayer to receive 33 housing units under the JVA — Initial gross proceeds subject to section 3 of the Real Property Gains Tax Act 1976 — Whether subsequent gross proceeds subject to business income — Whether penalty lawfully imposed — Sections 4 and 113(2) of the Income Tax Act 1967. 1 case

Special Commissioners — Deciding order — Appeal against — Whether company entitled to claim for reinvestment allowance — Paragraphs 1 and 7 of Schedule 7A & section 133A of the Income Tax Act 1967 — Interpretation of Paragraphs 1 and 7 of Schedule 7A 1 case

finality of tax assessments — Double taxation — DGIR adopted position that proceeds from disposal of lots subject to additional income tax under s. 4(1) of ITA — DGIR issued notices of additional assessment — sought to tax the respondent under both the RPGTA and ITA — Whether there was double taxation — Whether DGIR ought to have revised and discharged assessment under RPGTA then raise taxes under ITA — Whether decision or conduct of DGIR in issuing disputed notices tainted with illegality. 1 case

Company’s income from own business operation and from a joint venture partnership — Basis period for year of assessment different — Basis period for own operations shall constitute basis period for JV partnership — Whether there exist lacuna between sections 77A and 55 — Whether there was understatement of income — Whether penalties validly imposed — sections 5, 20, 21A(1), 21A(6), 55(3), 55(4), 77A, 77B, 86(1) of the Income Tax Act 1967 1 case

Key Statutes

Income Tax Act 1967
cited in 1 case
RPGTA Act
cited in 1 case

Court Distribution

Key People & Firms

Cases