Here is an analysis of the TR Sdn Bhd (TRSB) tax case in October 2022:
Introductory Paragraph
This was an appeal by TR Sdn Bhd ("Appellant") against a decision of the Special Commissioners of Income Tax ("SCIT"), which upheld penalties imposed by the Inland Revenue Board ("IRB") under Section 112(3) of the Income Tax Act 1967 ("ITA") for alleged late submission of tax returns.
Revenue Law
Section 77A of the ITA requires companies to furnish tax returns within 7 months from the end of the financial year. Section 112(3) allows IRB to impose penalties for late submission.
Background Facts
The appellant filed original 2011 and 2012 tax returns based on management accounts as audited accounts were not ready.
The appellant later filed revised returns based on audited accounts.
IRB rejected the original returns and imposed penalties under Section 112(3) for late submission.
The Dispute
Whether IRB was right to reject the original returns and impose late submission penalties under Section 112(3) ITA.
Contention
Appellant: Original returns were validly filed on time based on management accounts—no legal requirement to file based on audited accounts at the time.
IRB: Tax returns must be based on audited accounts.
Original returns were invalid, and revised returns were late submissions.
Court's Evaluation and Findings
At the time, no legal requirement under ITA to file returns based on audited accounts (Introduced only in 2014).
The appellant complied with Section 77A(1) by filing original returns on time using prescribed Form C.
Section 112(3) penalties are for non-compliance with Section 77A(1), which the Appellant did not breach.
SCIT misapplied the law in upholding penalties. Guidance to use audited accounts was not legally mandatory then.
Conclusion
This case involved a company filing initial tax returns under existing rules. Later DGIR wanted extra details not legally required then.
When the company filed revised returns, DGIR wrongly penalised them for "late submission".
But the court said no. The original returns complied with the law at that time. High Court allowed the Appellant's appeal and set aside the SCIT's decision.
The appellant did not default on Section 77A(1) when filing original returns; hence Section 112(3) penalties were unlawful.
This case limits the tax department's power to penalise companies. The Inland Revenue (IR) cannot invent new penalties that are not clearly in the tax law.
The key points are:
Penalty rules must be interpreted strictly based on plain legal text. Not expanded beyond what the law states.
Not following DGIR's guidelines does not justify the imposition of penalties. Punishment can only be for breaking the tax legislation itself.
DGIR cannot impose penalties unconditionally. In some cases, DGIR must explain why and justify the penalty exercise.
DGIR cannot create new laws via guidelines. Only Parliament can legislate new rules with penalties.
The ruling means taxpayers are protected - DGIR cannot punish you for violating a new requirement without a legal basis.
Penalty rules will be read narrowly. Loopholes allowing unreasonable penalties will be closed. A win for justice!
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