Lee Hishammuddin Allen & Gledhill

Tax Litigation & Disputes

Tax Litigation & Disputes
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Tax Litigation & Disputes
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Tax Litigation & Disputes

LHAG’s award-winning Tax Litigation & Disputes Team is headed by one of Asia’s leading litigators Dato’ Nitin Nadkarni and is often known for being market specialists in complex tax disputes. The team is regularly appointed as trusted tax counsel for many high-profile tax cases and is well-regarded for their effective representation in court proceedings, appeals and dispute resolution.

Clients have turned to LHAG in:

  • Judicial review for tax cases, challenging tax assessments and decision-making processes of the IRB and Customs at the High Court.
  • Appeals to the Special Commissioners of Income Tax (SCIT), for appeals against income tax assessments and RPGT.
  • Appeals to the Customs Appeal Tribunal, for appeals against bill of demand issued by Customs on import duty, excise duty, customs duty, Sales and Services Tax (SST) and Goods and Services Tax (GST).
  • Tax recovery claims, defending companies in civil recovery proceedings commenced by the government.
  • Stamp duty appeals, challenging stamp duty assessments at the High Court.
  • Tax controversy in audits and investigations, identifying legal issues at an early stage and participating in negotiations with the tax authorities.
  • Dispute Resolution Proceedings (DRP), representing clients in pre-litigation review processes and settlement discussions.
  • Winding-up and Bankruptcy Proceedings, defending taxpayers in winding-up and bankruptcy proceedings commenced by tax authorities.

The team has acted in landmark court disputes involving transfer pricing, tax treaties, permanent establishment, withholding tax, reinvestment allowance, capital allowance, stamp duty, tax reliefs, RPGT, deductibility of expenses, recognition of income, customs duty, SST and GST. More recently, one of the disputes involving transfer pricing was recognised by Benchmark Litigation Asia Pacific as Impact Case Winner of the Year 2022.

The disputes that we handle cover a wide range of industries and sectors, including financial institutions and services, energy, oil & gas, property development, automotive, manufacturing, telecommunications, plantations, insurance, construction, property development and professional services.

Dato’ Nitin Nadkarni, having established a reputation as one of the region’s leading litigators, was recently named as one of Asia’s Top 15 Litigators in 2022 by Thomson Reuters Asian Legal Business and “Lawyer of the Year (Malaysia) 2022” by Benchmark Litigation. He is joined by Jason Tan, who was recently named as a “Leading Individual” by Legal 500 Malaysia 2023 and “Future Star” in Tax Litigation by Benchmark Litigation Asia Pacific 2023.

Partners Specializing in this area

Partners Specializing
in this area

Learn more about our partners who specialize in this area

Chris Toh Pei Roo

Partner

Chris Toh Pei Roo

Partner

Dato’ Nitin Nadkarni

Consultant

Dato’ Nitin Nadkarni

Consultant

Ivy Ling Yieng Ping

Partner

Ivy Ling Yieng Ping

Partner

Jason Tan Jia Xin

Partner

Jason Tan Jia Xin

Partner

Key Experience

Wilmar International

Represented a subsidiary of a Fortune Global 500 company, Wilmar International in a landmark transfer pricing case. This is the first decision of its kind which addresses Section 140A Income Tax Act and the Income Tax (Transfer Pricing) Rules. The court held that the IRB was wrong in adjusting the taxpayer’s profits to the median level of comparables as the taxpayer’s profits fall within the interquartile range. This was recognised by Benchmark Litigation Asia Pacific as Impact Case Winner of the Year 2022.

State-owned entity

Represented a State-owned entity in a landmark dispute on whether gains received by a landowner from a joint venture development is chargeable to income tax. The court agreed with the taxpayer that the proceeds are capital gains and not chargeable to income tax because they had not been actively involved in the land development.

Malaysian conglomerate

Represented a leading Malaysian conglomerate in a tax appeal involving total taxes and penalties in excess of over RM 200 million. The court held that gains from the taxpayer’s disposal of 11 parcels of land pursuant to a joint venture development are capital gains and therefore not chargeable to income tax.

Global financial institution

Represented a global financial institution in a RM200 million income tax dispute, involving the interpretation of a tax exemption granted by the government.

American offshore Co.

Represented an American offshore drilling company’s subsidiary in one of the first tax appeals in Malaysia to deal with the interpretation of Section 112(3) ITA and the IRB’s powers thereunder. The High Court allowed the taxpayer’s appeal and set aside the entire assessments and penalties.

Listed REIT

Represented a listed real estate investment trust (REIT) in a landmark real property gains tax dispute dealing with the legal status of a REIT and its taxability under the RPGTA.

Manufacturing company

Represented a manufacturing company in a tax appeal on the issue of reinvestment allowance and time-barred assessments. The High Court reversed the SCIT’s decision and held that the taxpayer has ‘diversified’ its business into a related product and therefore satisfies the test of a ‘qualifying project’ under Schedule 7A ITA.

MNC

Represented a German multinational software company in a tax appeal involving time-barred assessments and the imposition of Section 112(3) ITA penalties. The court set aside the entire tax assessment and penalties.

Luxury goods retailer

Represented a leading importer and retailer of luxury goods at the Court of Appeal to challenge Customs’ rejection of an application for special refund of sales tax. The Court of Appeal ordered a full refund of the sales tax paid.

Listed IHC

Represented a listed investment holding company’s subsidiary in a landmark decision on excise duties imposed by Customs at the Court of Appeal, where the court ordered a full refund of RM 35million in excise duties to the taxpayer.

Related Insights

Legal Insight

[TAX] KPHDN v C Bhd: High Court affirmed SCIT’s Decision that Gains from a Disposal of Land Through a JVA is not Chargeable to Income Tax

August 11, 2022

Legal Insight

[TAX] KPHDN v C Bhd: High Court affirmed SCIT’s Decision that Gains from a Disposal of Land Through a JVA is not Chargeable to Income Tax

August 11, 2022

Legal Insight

[TAX] DTA vs ITA: Is it Royalty? High Court allows Taxpayers’ Application for Leave to commence Judicial Review and Stay

September 1, 2022

Legal Insight

[TAX] DTA vs ITA: Is it Royalty? High Court allows Taxpayers’ Application for Leave to commence Judicial Review and Stay

September 1, 2022

News

LHAG Tax Lawyers In Budget 2023 Interviews

October 4, 2022

News

LHAG Tax Lawyers In Budget 2023 Interviews

October 4, 2022

Legal Insight

[TAX] Tax Treatment of Digital Currency Transactions: Updated Guidelines by the Inland Revenue Board (IRB) dated 26 August 2022

November 9, 2022

Legal Insight

[TAX] Tax Treatment of Digital Currency Transactions: Updated Guidelines by the Inland Revenue Board (IRB) dated 26 August 2022

November 9, 2022

Legal Insight

[TAX] Tax Treatment of Digital Currency Transactions: Updated Guidelines by the Inland Revenue Board (IRB) dated 26 August 2022

November 25, 2022

Legal Insight

[TAX] Tax Treatment of Digital Currency Transactions: Updated Guidelines by the Inland Revenue Board (IRB) dated 26 August 2022

November 25, 2022

Legal Insight

[TAX] TRSB v KPHDN: High Court’s Grounds of Judgment

December 2, 2022

Legal Insight

[TAX] TRSB v KPHDN: High Court’s Grounds of Judgment

December 2, 2022

Legal Insight

[TAX] High Court issues Judgment in KPHDN v C Bhd: Gains from Disposal of Lands through a Joint Venture Agreement is not chargeable to Income Tax

December 8, 2022

Legal Insight

[TAX] High Court issues Judgment in KPHDN v C Bhd: Gains from Disposal of Lands through a Joint Venture Agreement is not chargeable to Income Tax

December 8, 2022

Legal Insight

[TAX] Budget 2023: Special Legal Insights

March 2, 2023

Legal Insight

[TAX] Budget 2023: Special Legal Insights

March 2, 2023

Legal Insight

[TAX] Special Alert: Income Tax (Advance Pricing Arrangement) Rules 2023: What Changed?

June 15, 2023

Legal Insight

[TAX] Special Alert: Income Tax (Advance Pricing Arrangement) Rules 2023: What Changed?

June 15, 2023

Legal Insight

[TAX] Special Alert: Anti-Dumping Investigation On Exports Of Polypropylene Copolymer (“PPC”) From Malaysia To Indonesia

August 23, 2023

Legal Insight

[TAX] Special Alert: Anti-Dumping Investigation On Exports Of Polypropylene Copolymer (“PPC”) From Malaysia To Indonesia

August 23, 2023

Other Practice Areas

Construction & Engineering Disputes

Corporate

Dispute Resolution

Employment & Industrial Relations

Energy, Projects & Infrastructure

Intellectual Property

International Arbitration

Regulatory & Compliance

Tax, Customs & Trade

TMT

White Collar Crime

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