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Publications & News
High Court Rules Revenue Interpretation Of Tax Exemption Under Paragraph 33A Is Flawed
Recently, the High Court in Notable Vision Sdn Bhd v Ketua Pengarah Hasil Dalam Negeri [2024] MLJ 173 held that the taxpayer was entitled...
The Future Of Corporate Dynamics: Exploring Nominee And Anonymous Shareholders
In today's corporate landscape, the roles of nominee shareholders and anonymous shareholders are undeniably significant. While both...
High Court Rules Independent Director’s Fees Are Not Employment Income
Recently, the High Court in OCP v Ketua Pengarah Hasil Dalam Negeri [2024] MLJU 385 ruled in favour of the taxpayer, where it was held...
Shielding Defamation: Absolute Privilege In The Courtroom
In the realm of legal proceedings, a powerful shield known as absolute privilege stands guard, providing robust protection to statements...
Country Garden Pacificview Case: Dispute Over Refund Upon Cancellation Of SPA
When a developer fails to deliver vacant possession within the stipulated time as stated in the sale and purchase agreement (SPA), the...
RDS Legal Insight Vol.13/Q1/2024
RDS is pleased to publish RDS Legal Insight Q1 of 2024. This quarterly magazine features the following articles by our colleagues: 1)...
Revenue’s Power To Make Transfer Pricing Adjustments
Section 140A of the Income Tax Act 1967 (ITA) provides that transactions with an associated person must be determined and applied at...
Understanding A Director’s Rights: Inspection Of Accounting And Other Records
Section 245 of the Companies Act 2016 (CA 2016) provides for a company and for its directors and manager to keep and maintain accounting...
Gold-Plated Deception: Exposing Moneylending Agreements Disguised As Gold Sales
In the realm of investments and financial transactions, what meets the eye may not be the legal reality. The Court of Appeal has recently...
Half-Truth As A Whole Lie
The present information age is characterised by the abundance of information and minimal restrictions on access and control thereof. The...
Whether Caveatable Interest Can Be Granted Under An Agreement To Purchase?
A caveat may be entered by the Registrar on the register document of land title to prohibit the enforcement of registration, endorsement,...
Landmark Ruling On Sales Tax Exemption: The Hong Leong Yamaha Motor Case
Recently, the Court of Appeal unanimously allowed the taxpayer’s appeal in relation to a RM 28 million sales tax dispute. This case which...
Who Decides The Validity Of An Arbitration Agreement?
The doctrine of kompetenz-kompetenz is reflected in Section 18 of the Arbitration Act 2005[1], in which the arbitral tribunal may rule on...
KPHDN v Sovereign Teamwork Sdn Bhd: Court Of Appeal Rules Bumiputera Discount Payments Are Tax Deductible
Recently, the Court of Appeal affirmed the decision of the High Court which allowed the taxpayer’s appeal to deduct the Bumiputera...
Procedural Fairness In The CIPAA 2012 Statutory Adjudication
In Ssangyong Engineering & Construction Co Ltd v Oxley Rising Sdn Bhd and Another [2023] MLJU 404, the High Court set aside an...
Unraveling The Enigma Of "Lot Untuk Orang Melayu" In Land Ownership
Embarking on the complex journey of land ownership in Malaysia reveals a tapestry woven with historical, ethnic and legal intricacies....
SPBS v Ketua Pengarah Hasil Dalam Negeri: Gains From The Disposal Of Agricultural Land Held To Be Capital Receipt
Recently, the Special Commissioners of Income Tax (SCIT) ruled in favour of the taxpayer in ruling that the gains arising from the...
Can Receivers and Managers Appointed Pursuant to Debentures Be Injuncted From Exercising Their Powers?
Recently, the High Court dismissed an interim injunction application by a pharmaceutical company (Borrower) to restrain its receivers and...
Striking Out: Pleadings Stuck Off Due To Prolixity
A striking out order (Order) is often described to be a draconian order. In this regard, the UK Supreme Court in the case of Summers v...
Applicability Of Ad Valorem Duty To Contracts For Supply Of Material Or Equipment
In Petronas Carigali Sdn Bhd (PCSB) v Pemungut Duti Setem [2023] 6 AMR 427, the High Court ruled in favour of the taxpayer where the...
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