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Publications & News
Burden Of Proof In Transfer Pricing Disputes
The burden of proof in a civil litigation refers to the duty of the party to prove a fact or allegation in a dispute. This alert examines...
TP: Hypothetical Agreement Used to Determine Arm’s Length Price in Cross-Border Transaction
In the Commissioner of Taxation of the Commonwealth of Australia v Glencore Investment Pty Ltd , the Full Federal Court of Australia...
High Court Rules Business Sale Agreement Is Subject To Nominal Stamp Duty
On 25 May 2022, in a landmark ruling, the High Court ruled in favour of the taxpayer where it was held that a business sale agreement...
Successful Judicial Review Application To Claim Investment Allowance: BPG v Minister Of Finance
On 29 March 2022, the High Court ruled held that the taxpayer may continue claim investment allowance amounting to RM 3.3 billion despite...
Transfer Pricing Adjustments: Applicability Of Section 140 Of The ITA
The recent trend of the Revenue to disregard and vary the taxpayer's transaction is no stranger to controversy. Whilst the Revenue is...
AJ v Pemungut Duti Setem:High Court Rules Taxpayer Is Entitled To Stamp Duty Remission
On 30 March 2022, the High Court ruled that the Collector of Stamp Duties has no basis to refuse to grant the stamp duty remission under...
High Court Allows Tax Deduction For ESOS Expenses
Recently, the High Court held that the Employee Share Option Scheme expenses incurred by a taxpayer company to be deductible under...
Taxation Of Foreign Source Income
In light of the Finance Act 2021, which came into effect on 1 January 2022, the amended Paragraph 28 of Schedule 6 of the Income Tax Act...
RP Sdn Bhd v DGIR: Trading Receipts Or Capital Receipts?
Recently, the High Court set aside the decision of the Special Commissioners of Income Tax and ruled in favour of the taxpayer that the...
SEO Sdn Bhd v KPHDN – A Recent Transfer Pricing Ruling
In transfer pricing cases, the Revenue does not have the authority to substitute the arm’s length price arbitrarily. If the Revenue...
Judicial Review: Leave To Set Aside The Minister’s Decision In A Tax Matter
Recently, the High Court granted leave to the taxpayer to apply for an order for the Minister of Finance to exercise his power under...
DGIR v RH Sdn Bhd:The Application Of Section 140 Of The Income Tax Act 1967
The Director General of Inland Revenue has a tendency to invoke Section 140(1) of the ITA to vary taxpayers' transactions on the basis...
Would Accepting A Compound Constitute An Admission Of Guilt?
Any person who makes an unreasonably high profit, in selling or offering to sell or supplying or offering to supply any goods or...
Taxpayer Is Entitled To Claim Investment Allowance Indefinitely : KSB v Minister Of Finance
Recently, the High Court allowed the taxpayer’s judicial review application to challenge the decision of the Minister of Finance to...
GST Exceptional Input Tax Claim Allowed By High Court
KMSB v Ketua Pengarah Kastam & Anor On 7 December 2021, the High Court allowed the taxpayer’s judicial review application to challenge...
Duty To Give Reasons Applies To Tax Authorities
In a key ruling, the Court of Appeal recently held that tax authorities such as the Director General of Customs being a public...
Digital Tax Regime In Malaysia
Over the years, the increased use of technology encourages cross-border transactions without physical presence. Concerns in respect of...
The Deductibility Of Valuation Fee: CP Sdn Bhd v KPHDN
Recently, the Court of Appeal set aside the Director General of Inland Revenue’s (DGIR) decision in disallowing the taxpayer’s deduction...
Transfer Pricing: The Invalidity Of Contentions Devoid Of Any Justification
Introduction In the recent case of Sabic India Pvt Ltd Gurgaon vs DCIT Circle 22(2) New Delhi, the Income Tax Appellate Tribunal (ITAT)...


Tax Incentives In Malaysia & The Potential Impact Of The Implementation Of G7 Global Tax Reform
Malaysia presently offers a wide range of tax incentives to promote investments in selected industry sectors with the intention to...
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