Court Restores Kidney Foundation S Tax Exempt Status


 


The Shah Alam High Court today overturned the Inland Revenue Board’s (IRB) decision to revoke the National Kidney Foundation’s (NKF) tax-exempt status.
The foundation's counsel S Saravana Kumar confirmed the successful judicial review this afternoon.
"The court said IRB has no basis to revoke the tax exemption," the lawyer told Malaysiakini.
He added that judge Shahnaz Sulaiman ordered the quashing of the IRB letter dated June 17, 2020, that withdrew the foundation's tax-exemption status.
In 1970, the IRB granted the foundation tax exemption status under Section 44(6)(a) of the Income Tax Act (ITA) 1967.
However, after a tax audit in 2019, the IRB was alleged to have decided to revoke the tax exemption status and raise tax assessments in July 2020.
NKF filed a legal challenge on Sept 17 of that year, naming the IRB as the respondent.
According to a copy of the judicial review application, the foundation seeks a court order to quash IRB’s decision in the form of a letter dated June 17, 2020, that allegedly withdrew its tax-exempt status.
The applicant claimed the decision was illegal, void, unlawful and/or in excess of authority, irrational and/or unreasonable, among others.
NKF seeks a court declaration “that the respondent is not entitled in law to impose arbitrary and unilateral conditions on a charitable organisation such as the applicant when such conditions are not contained in the approval letter and/or communicated to the applicant”.
ITA provisions
According to a copy of an affidavit in support of the judicial review affirmed by the foundation’s chairperson Dr Zaki Morad Mohamad Zaher, the applicant contended that the IRB failed to appreciate ITA provisions that the income of an approved charitable organisation, received for charity purposes is exempted from tax, provided that the establishment is not operated primarily for profit.
The ITA provisions in question are Sections 44(6) read together with Paragraph 13 of Schedule 6 of the act.
NKF contended that IRB failed to take into account the established legal precedent of superior courts that approved charitable organisations are entitled to tax exemption as the principle of vested rights applies.
“It is not open to the respondent to arbitrarily and unilaterally impose conditions including a points system when the existence of such conditions was never communicated to the applicant and neither were such conditions prescribed by law,” the foundation claimed. - Mkini


Artikel ini hanyalah simpanan cache dari url asal penulis yang berkebarangkalian sudah terlalu lama atau sudah dibuang :

http://malaysiansmustknowthetruth.blogspot.com/2024/11/court-restores-kidney-foundations-tax.html

Kempen Promosi dan Iklan
Kami memerlukan jasa baik anda untuk menyokong kempen pengiklanan dalam website kami. Serba sedikit anda telah membantu kami untuk mengekalkan servis percuma aggregating ini kepada semua.

Anda juga boleh memberikan sumbangan anda kepada kami dengan menghubungi kami di sini
Court To Hear Bid To Restore Muslim Status Of Loh S Kids In February

Court To Hear Bid To Restore Muslim Status Of Loh S Kids In February

papar berkaitan - pada 30/11/2024 - jumlah : 464 hits
The Federal Court has set Feb 20 to hear the Perlis government s review to reinstate the Muslim status of Loh Siew Hong s three unilaterally converted children The state administration s lawyer Danial Farhan Zainul Rijal told Malaysiakini t...
Appeals Court Defers Ruling On Mycc Appeal In Grab Case

Appeals Court Defers Ruling On Mycc Appeal In Grab Case

papar berkaitan - pada 19/11/2024 - jumlah : 214 hits
The Court of Appeal has reserved its decision on the appeal filed by the Malaysian Competition Commission challenging the High Court s ruling which quashed its proposed RM86 77 million fine against Grab Inc and two subsidiaries for alleged ...
Lawyers Group Supports Court S Decision To Discharge Acquit Daim

Lawyers Group Supports Court S Decision To Discharge Acquit Daim

papar berkaitan - pada 21/11/2024 - jumlah : 204 hits
Malaysian Muslim Lawyers Association president Zainul Rijal Abu Bakar said the issue of clearing Daim Zainuddin s name was addressed by the court when it ordered him to be acquitted and discharged PETALING JAYA A lawyers group has voiced su...
Industrial Court System Must Be Revamped

Industrial Court System Must Be Revamped

papar berkaitan - pada 18/11/2024 - jumlah : 248 hits
I was once on the Industrial Court bench as one of the 3 arbitrators that hears cases under the Industrial Relations Act matters of dismissals collective agreements grievances etc The arbitrators comprised a neutral judge as chairman an emp...
Too Many Riders Without Licence Insurance Or Road Tax

Too Many Riders Without Licence Insurance Or Road Tax

papar berkaitan - pada 1/12/2024 - jumlah : 154 hits
A MONTH long Special Motorcycle Operation in Malaysia uncovered 22 601 cases of driving without a license the most common offence followed by expired road tax and lack of insurance Conducted by JPJ with other agencies the operation involved...
Business Taxes Simplified Essential Tax Preparation Tips For Small Business Owners

Business Taxes Simplified Essential Tax Preparation Tips For Small Business Owners

papar berkaitan - pada 28/11/2024 - jumlah : 383 hits
In today s highly complex financial environment getting the right assistance for tax preparation planning and business taxes can help significantly in your financial health and peace of mind A lot of people and companies search for the CPA ...
Court Orders Pdrm To Complete Investigations Into Beng Hock S Death Within Six Months

Court Orders Pdrm To Complete Investigations Into Beng Hock S Death Within Six Months

papar berkaitan - pada 23/11/2024 - jumlah : 171 hits
The High Court here has ordered the Royal Malaysian Police to complete investigations on the death of Teoh Beng Hock within six months from today Judge Datuk Wan Ahmad Farid Wan Salleh made the order after allowing the application for judic...
Johor Seeks 20 Of Tax Revenue To Be Channelled Back To State

Johor Seeks 20 Of Tax Revenue To Be Channelled Back To State

papar berkaitan - pada 2/12/2024 - jumlah : 142 hits
Johor menteri besar Onn Hafiz Ghazi said it would cost the state more than half a billion ringgit if each of the 56 assemblymen requested RM10 million in development allocations PETALING JAYA The Johor state government is seeking 20 of its ...
O G Firm Right To Dismiss Worker For Refusing Covid 19 Jab Says Industrial Court

O G Firm Right To Dismiss Worker For Refusing Covid 19 Jab Says Industrial Court

papar berkaitan - pada 23/11/2024 - jumlah : 717 hits
The Industrial Court said it cannot accept that other parties need to compromise to allow the claimant to uphold his rights not to accept the Covid 19 vaccination KUALA LUMPUR The Industrial Court has ruled that an oil and gas company was r...
Turun Anwar A Protest That Stirs Headlines

Nerdywave Com The Ultimate Tee Destination For Nerds Gamers Dark Humor Lovers

Six Year Old Boy Reported Missing From Kopitiam

From Indonesia To Saudi Arabia A Guide For Your Hajj And Umrah In Makkah Madinah

Buasir Otak Tv Buasir Otak The Muzik Gerak Solo

Should Motorcyclists Be Exempt From Highway Tolls

Badan Bengkak Sebelah Jangan Abaikan Ini Mungkin Lymphedema

Holiday For Mara Junior Colleges After Rugby Championship Victory


echo '';
Info Dan Sinopsis Drama Berepisod Dendam Seorang Madu Slot Tiara Astro Prima

10 Fakta Biodata Amira Othman Yang Digosip Dengan Fattah Amin Penyanyi Lagu Bila Nak Kahwin

5 Tips Macam Mana Nak Ajak Orang Kita Suka Dating Dengan Kita

Info Dan Sinopsis Drama Berepisod Keluarga Itu Slot Lestary TV3

Bolehkah Manusia Transgender Mencapai Klimaks Selepas Bertukar


Pesta Buah Emas 2025

Mengapa Sakit Belakang Bawah Selalu Datang Balik Punca Rawatan Fisioterapi

Pengkhianat Dari Kalangan Penjawat Awam Ini Patut Diberi Hukuman Berat

Quantum Internet The Future Of Ultra Secure Communication

Hundreds Demonstrate In Protest Hit Uk Town

Anwar Heads To Indonesia For Annual Meet Abang Jo Hajiji In Tow