Countries that won the tax recovery case 4 years ago won no need to pay 1.8 billion dollars in taxes
The Court of Appeal upheld the High Court's ruling. $TENAGA(5347.MY$ National Energy is not required to pay up to RM1.8 billion in taxes to the National Inland Revenue Service.
In a legal ruling today, the court found that as a power industry company, the amount required by the Inland Revenue Department includes the reinvestment allowance (RA) that should be exempted. The court agreed that the expenses incurred by China Energy from 2003 to 2018 fall within the scope of energy production and are within the scope of RA.
The court did not make any further ruling on costs. Looking back at the case, in July 2020, the Inland Revenue Department sent a letter to Guoneng stating that the 2018 RA declaration was incorrect, and then issued an additional tax assessment notice regarding China Energy's need to pay RM1.8 billion in fees.
Guoneng proposed a judicial review of the matter, and the Inland Revenue Department stated that Guoneng is not a manufacturing company, so it is not exempt from RA.
However, China can cite other Commonwealth court cases to indicate that electricity generation is regarded as a manufacturing activity globally. In the High Court ruling two years ago, Judge Nolin also supported the position of national power.
Ma Xinshe
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