• Reports the full judgment, with a headnote summarising the facts, issues and decision of each case
• Subject index is provided with key terms to indicate the relevant question of fact or law of the case

Authors: Irsyad Tariq, S. Saravana Kumar
Publication Date: December 2024
ISBN: 9789672875345 
Format: Paperback
Country: Malaysia

“…Through this book, the authors, Mr Irsyad Tariq and Mr S. Saravana Kumar, seek to explore the intricate relationship between tax policy, ethical considerations, and their implications for businesses and individuals within the Malaysian context. I wish to congratulate them on this endeavour as this book is the first of its kind in Malaysia and this region…It is my sincere hope that this book will stimulate thoughtful dialogue among practitioners, scholars and policymakers, ultimately contributing to a more equitable and transparent tax environment.
 I hope the efforts of the authors in writing this book will assist us in navigating the complexities of taxation and ethics, striving for a future where fiscal responsibilities align with our moral obligations…”
– From the Foreword by Prime Minister of Malaysia “YAB Dato’ Seri Anwar Ibrahim”.

“…This book, ‘‘Taxation and Ethics in Malaysia’’, offers a timely and thorough analysis of the ethical considerations surrounding the Malaysian taxation system. It explores the historical, current, and future dynamics of taxation while examining the legal and regulatory frameworks that govern tax compliance and the tax appeal process. The book addresses several significant topics, including the perspectives of the Judiciary in tax cases and the complex ethical dilemmas faced by taxpayers, tax authorities and policymakers. Besides, it analyses the ethical and moral dimensions of tax compliance, avoidance, and evasion. It also highlights the essential role of tax administration in effectively managing tax collection and fostering an environment characterised by trust, compliance, and accountability.
I commend the authors for their meticulous research and erudite analysis. This book is a valuable resource for policymakers, tax authorities, taxpayers, academics, and anyone interested in the intersection of law, ethics, and economics. By fostering a deeper understanding of the ethical implications of taxation, this book can help to promote a more just and equitable tax system…”
– From the Foreword by Chief Justice of Malaysia “Tun Tengku Maimun Tuan Mat”.

…this book will be a most welcome addition to our legal literature on an important aspect of tax law, especially to its practitioners and to the members of the general public … [It] shows great learning and scholarship…”

From the Foreword by
Dato’ Abang Iskandar bin Abang Hashim
Chief Judge of Sabah and Sarawak

Key Features:

Clear and comprehensive discussion of the law
Reference to extensive range of cases, statutes and other written sources to support and clarify discussion
Practical insights and pointers on actual issues encountered in tax appeals
Coverage of appeals to the Special Commissioners and the courts as well as judicial review applications
Carefully structured contents to aid easy use of the book
Instructive appeal checklists
Forms and precedents
Taxation affects everyone in one way or another. Since the advent of income tax, everyone has been aiming to pay as little tax as possible. All kinds of schemes are thought of. No commercial person in his right sense transacts except on the basis of paying the least amount of tax possible. It is undoubtedly legal for a company to organise its affairs in such a way as to minimise tax. Nevertheless, tax settlement is contentious and many have been brought to the courts by way of appeal for final determination.

This book covers topics relevant to any contemporary discussion on tax appeals. The law and practice on this subject have been expertly treated. The law has been considered and analysed in depth, while the treatment of the practical aspects has benefitted from the wide experience of the author in conducting tax appeals. Copious endnotes provide an invaluable source of references for detailed study and further research on the intricacies of handling appeals against tax assessments raised by the tax authorities.

Cases and other sources from Malaysia and other jurisdictions have been analysed and discussed to build an enviable resource from which tax practitioners can draw much valued knowledge to mount cogent arguments in conducting their appeals before the Special Commissioners of Income Tax as well as the courts.

Relevant forms and precedents and helpful checklists presented in the appendices complement the excellent text to provide a complete and comprehensive textbook on the current practice of tax appeals in Malaysia.

Tax Appeals in Malaysia: Law and Procedure is a book which should not be missed by lawyers, judicial officers, tax authorities, revenue counsel, tax advisers, accountants and business owners.
Table of Contents

*Tax Appeals
The Special Commissioners of Income Tax
Assessments
Appeals to the Special Commissioners of Income Tax
Appeals to the High Court
Judicial Review
Appeals to the Court of Appeal
Recovery or Collection Appendices

Authors: Choong Kwai Fatt
Publisher: Sweet & Maxwell Asia

The All Malaysia Tax Cases (AMTC) 2018 reports revenue law cases decided in Malaysia commencing from the Special Commissioners of Income Tax, up to the High Court, the Court of Appeal and the Federal Court.