03/08/2022
In 2019, we were appointed by Messrs Bodipalar Ponnudurai De Silva’s client to oversee a tax audit conducted on their company.
The company whose principal activity is property development has remained dormant since the date of its incorporation 32 years ago, apart from some quarry activities. The company owns pieces of land in Klang Valley but had not commenced any property development business activity.
In 2018, a part of the land was compulsorily acquired by the Government for SUKE highway and a compensation was paid to the company.
The Inland Revenue Board raised an assessment on the compensation received on the basis that land is considered as stock for property developers and therefore subject to tax under the fairly new Section 4C of the Income Tax Act.
We disputed the IRB’s findings based on the facts that the company has remained dormant for over 30 years and therefore has never traded in the business of property development. The IRB disagreed with our views and legal proceedings were initiated by the client upon our advice.
Yesterday at the Federal Court, Datuk Naban and Saravana Kumar from RDS together with Fiona Bodipalar successfully obtained a leave to challenge the IRB’s decision.
The key argument put forth by the legal team is whether Section 4C is constitutional as it contravenes with Article 13(2) of the Federal Constitution.
This is a significant milestone for the taxpayers in Malaysia. As much as we strongly believe that tax laws are to be adhered to, it cannot cause injustice and unfairness to the taxpayers.
We will keep this page updated on the final outcome of the case.