Volume 28 Third Supplement

wasting the resources of the Board. [Decision in Chinese]

practice and procedure – hearing and disposal of appeals – absence – section 68 of the Inland Revenue Ordinance.

section 82B(1A) of the Inland Revenue Ordinance – one-month time limit – whether unilateral mistake can be described as a reasonable cause – prominent notice of the requirements of giving notice of appeal given in the additional tax assessment – whether the Appellant was prevented from giving notice of appeal within time.

income understated – the Board’s function in a tax appeal – sections 59(3), 68(4), 68(8), 68(9), 80(2), 82(1), 82A and 82B of the Inland Revenue Ordinance – sections 106, 107 and 108 of the Basic Law.  [Decision in Chinese]

appellant purchased and sold property – whether profits from sale of property derived from sale of capital assets – sections 2(1), 14(1) and 68(4) of the Inland Revenue Ordinance (Chapter 112) (‘IRO’).  [Decision in Chinese] (Corrigendum on the last page of the decision)

deduction of outgoings – sections 68(2B), 68(2D), 68(4), 68(8) and 68(8)(a) of the Inland Revenue Ordinance (‘IRO’).  [Decision in Chinese]

grounds of appeal – depreciation allowance – source of profits – sections 2, 14(1), 16(1), 17, 66(3), 68(4) & 68(7) of the Inland Revenue Ordinance (‘IRO’).

trading – whether the sale and purchase of property amounted to a trade – intention of taxpayer – to be inferred from all the circumstances – sections 2, 14(1) and 68(4) of the Inland Revenue Ordinance (‘the Ordinance’).  [Decision in Chinese]

whether gain on disposal of properties chargeable to profits tax – sections 2(1), 14(1) and 68(4) of the Inland Revenue Ordinance.

director’s fee income – source – sections 8(1)(a) and 68(4) of the Inland Revenue Ordinance.