Decision No
 

APPEALS -
 

additional assessment - whether taxpayer could claim a deduction which had been disallowed on original assessment - s 64(1)(c) of the Inland Revenue Ordinance
 

D67/87 (PDF file)

penalty assessment - whether Board of Review on appeal can increase penalties - ss 68(8)(a) and 82B(3) of the Inland Revenue Ordinance
 

D2/88 (PDF file)

absent witness - evidence in writing - weight to be attached to such evidence
 

D3/88 (PDF file)

Board of Review - award of costs for unmeritorious appeal -s 68(9) of the Inland Revenue Ordinance
 

D7/88 (PDF file)

mistake by tax representative alleged - need for evidence
 

D7/88 (PDF file)

mistake by tax representative alleged - need for evidence
 

D8/88 (PDF file)

ASSESSMENTS -
 

error - power to correct assessment - whether this power applies to an estimated assessment - s 70A of the Inland Revenue Ordinance
 

D66/87 (PDF file)

past practice - whether assessor bound to past practice when making an assessment
 

D68/87 (PDF file)

profits tax - statement of loss - whether an 'assessment' -whether 'final and conclusive' - s 70 of the Inland Revenue Ordinance
 

D5/88 (PDF file)

further assessment - whether such assessment can be based on information which was before the assessor at the time of the first assessment - extent to which information must have been disclosed - s 70 of the Inland Revenue Ordinance
 

D5/88 (PDF file)

INTERPRETATION -
 

principles of interpretation of tax statutes - need to avoid absurdity
 

D66/87 (PDF file)

whether penalties excessive - grounds for reduction - s 82A of the Inland Revenue Ordinance
 

D63/87 (PDF file)

whether penalties could be imposed on taxpayers who fail duly to lodge returns but subsequently submit correct returns - s 82A (l)(ii) of the Inland Revenue Ordinance
 

D2/88 (PDF file)

whether Board of Review on appeal can increase penalties - s 82B of the Inland Revenue Ordinance
 

D2/88 (PDF file)

whether penalties excessive - general yardstick for calculation of penalties - s 82A of the Inland Revenue Ordinance
 

D2/88 (PDF file)

source - reinvoicing scheme - whether profits were sourced in Hong Kong - s 14 of the Inland Revenue Ordinance
 

D29/84 (PDF file)

purchase and immediate resale of flat - whether profits were trading gains or realization of capital - s 14 of the Inland Revenue Ordinance
 

D64/87 (PDF file)

change of intention - development of investment properties after a decision had been made to sell them - whether an adventure in the nature of trade - s 14 of the Inland Revenue Ordinance
 

D65/87 (PDF file)

sale of godowns - unforeseen factors causing investment returns to be lower than projected - whether profits were trading gains or realization of capital - s 14 of the Inland Revenue Ordinance
 

D65/87 (PDF file)

sale of shares in subsidiary - whether holding company can trade in the assets of its subsidiaries - whether profits were trading gains or realization of capital - s 14 of the Inland Revenue Ordinance
  

D65/87 (PDF file)

loss from prior year - final and conclusive assessment from prior year showing profit - whether loss deductible - ss 19(2) and 19C (4) of the Inland Revenue Ordinance
 

D66/87 (PDF file)

loss from prior year - whether loss must be claimed in the next profitable year or may be deferred until any subsequent year - s 19C (4) of the Inland Revenue Ordinance
 

D66/87 (PDF file)

whether taxpayer an employee or independent contractor -s 14 of the Inland Revenue Ordinance
 

D67/87 (PDF file)

deductions - interest - apportionment of interest expense incurred to produce assessable and non-assessable income - whether formula appropriate - s 16(l)(a) of the Inland Revenue Ordinance
 

D68/87 (PDF file)

sale of land - business premises - whether profits were trading gains or realization of capital - evidential matters - s 14 of the Inland Revenue Ordinance
  

D69/87 (PDF file)

ship-owner - charter - whether ship-owner was liable to profits tax on freight fees paid by shippers to charterer - s 23B of the Inland Revenue Ordinance
 

D1/88 (PDF file)

sale of land - whether profits were trading gains or realization of capital - evidential matters: renovation of properties, grant of new tenancies and minutes - s 14 of the Inland Revenue Ordinance
 

D3/88 (PDF file)

sale of land - whether profits were trading gains or realization of capital - evidential matters: prospectus, statement of intention, treatment in accounts and long holding period - s 14 of the Inland Revenue Ordinance
 

D5/88 (PDF file)

sale of trading stock - compulsory acquisition - whether resumption proceeds could be assessable - s 14 of the Inland Revenue Ordinance
 

D5/88 (PDF file)

company director - eight directorships - whether carrying on a profession and therefore subject to profits tax - s 14 of the Inland Revenue Ordinance
  

D6/88 (PDF file)

sale of land - whether trading gains or realization of capital - evidential matters: statement of intention - s 14 of the Inland Revenue Ordinance
 

D8/88 (PDF file)

sale of trading stock - compulsory acquisition - whether resumption proceeds could be assessable - s 14 of the Inland Revenue Ordinance
 

D8/88 (PDF file)

source of profits - film distribution overseas - taxpayer carried on all his activities in Hong Kong - whether profits arose in or derived from Hong Kong - s 14 of the Inland Revenue Ordinance
 

D9/88 (PDF file)

deductions - whether permitted - s 12(1) of the Inland Revenue Ordinance
 

D67/87 (PDF file)

whether taxpayer an employee or independent contractor - s 8(1) of the Inland Revenue Ordinance
 

D67/87 (PDF file)

company director - eight directorships - whether holding an 'office' and therefore subject to salaries tax - s 8(1) (a) of the Inland Revenue Ordinance
 

D6/88 (PDF file)

shareholder owning company which carried on consultancy business - shareholder appointed director of other companies - whether director's fees were earned by the shareholder or his company
 

D6/88 (PDF file)