top of page
Publications & News
Sleeping On Your Rights: What Happens To Charge Actions After Time Runs Out?
Section 21(1) of the Limitation Act 1953 (LA 1953) reads: “No action shall be brought to recover any principal sum of money secured by a...
Transfer Pricing Dispute On Arm’s Length Price: Auronext Pharma Pvt Ltd Case
In M/s Auronext Pharma Private Limited vs The Deputy Commissioner of Income Tax, ITA-TP No. 486/Hyd/2022, a transfer pricing dispute...
“Adjudicated Amount” Under The Construction Industry Payment And Adjudication Act 2012 (CIPAA)
Under the Construction Industry Payment and Adjudication Act 2012 (Act), an adjudicator is required to determine the adjudicated amount...
Causation In Negligence Claims: The ‘But For’ Test vs The Proximate Cause Test
Recently, the Court of Appeal in SAJ Ranhill Sdn Bhd v SWM Greentech Sdn Bhd & Anor [2023] 1 LN 881 revisited the principles in relation...
Mandatory Onboarding Programme On Sustainability Implemented By The Securities Commission And Bursa
The Securities Commission (SC) and Bursa Malaysia (Bursa) have recently introduced a new mandatory onboarding programme on sustainability...
SCIT Rules In Favour of Taxpayer – Tax Deduction Allowed For Base Facility Charges
In a recent ruling, AJ v Ketua Pengarah Hasil Dalam Negeri, the Special Commissioners of Income Tax (SCIT) held that expenses in the form...
Half-Truth And Defamation: The Perils Of Incomplete Information
In today’s digital age, the dissemination of information made rapid through social media and online platforms has facilitated the spread...
The Court Of Appeal Rules On The Deductibility Of Bumiputera Release Fee
Bumiputera Release Fee is a payment made by property developers to state governments for the release of the Bumiputera units when they...
Capital Allowance Allowed For Customised Computer Software Expenses
Recently, the Special Commissioners of Income Tax (SCIT) allowed a taxpayer’s appeal to claim capital allowance on the capital...
The Mitraland Kota Damansara Case: Bumiputera Discount Payment Is A Tax Deductible Expense
Recently, the Court of Appeal unanimously dismissed the appeal by the Director General of Inland Revenue (DGIR) and affirmed the decision...
RDS Legal Insight Vol.10/Q2/2023
RDS is pleased to publish RDS Legal Insight Q2 of 2023. This quarterly magazine features the following articles by our colleagues: 1) Tax...
Distribution Fees Payment To Google Are Not Royalty
Online advertising on major search engines like Google has transformed the advertising and marketing landscape, offering businesses...
KP v Ketua Pengarah Hasil Dalam Negeri: Gains From Disposal Of Land Are Not Subject To Income Tax
Recently in KP v Ketua Pengarah Hasil Dalam Negeri, the Special Commissioners of Income Tax allowed the taxpayer’s appeal to set aside...
Calculation Of Share Disposal Price In Real Property Companies
Recently, the High Court in NPC Resources v Ketua Pengarah Hasil Dalam Negeri [2022] MSTC 30-515 upheld the decision of the Special...
Federal Court Affirms The Availability Of Judicial Review & Granting Of Stay Order In Tax Case
Is the exhaustion of domestic remedy a prerequisite to commence judicial review? Can court grant a stay order in tax cases? The recent...
Court Of Appeal Allows Taxpayer To Claim Investment Tax Allowance And Industrial Building Allowance
Recently, the Court of Appeal in KPHDN v PSB upheld the High Court’s decision in allowing the taxpayer to claim Investment Tax Allowance...
Transfer Pricing and Cross-Border Financing: Lessons From The Singtel Case
Singapore Telecom Australia Investments Pty Limited (Singtel) v Commissioner of Taxation [2021] FCA 1597 is a recent transfer pricing...
Intra-Group Loan Pricing
Chevron Australia Holdings Pty Ltd v Commissioner Of Taxation (2017) FCAFC 62 The recent ruling by the Full Federal Court in Chevron...
Tax Authority’s Application To Reinstate A Company Dismissed By The High Court
Recently, the High Court dismissed an action commenced by the Director General of Inland Revenue (DGIR) among others against the...
High Court Grants Stay Of Proceedings To Taxpayer
Section 106(3) Income Tax Act 1967 reads: “In any proceedings under this section, the court shall not entertain any plea that the amount...
bottom of page