Nov 2008, Issue 2 The Commissioner won another anti-avoidance case During last two years, there were a few court cases (i.e. Tai Hing Cotton Mill (Development) Ltd v CIR; CIR v HIT Finance Ltd & Hong Kong International Terminals Ltd and Shui On Credit Co Ltd v CIR) in which the Commissioner of Inland Revenue successfully used the anti-avoidance provision, section 61A of the Inland Revenue Ordinance ("IRO"), to challenge taxpayers' arrangements. Adding to the list is the recent judgement handed down by the Court of Appeal ("COA") on 15 October 2008 in Ngai Lik Electronics Co Ltd v CIR. The COA's judgement upheld the one handed down by the Court of First Instance ("CFI") in December 2007 and the Board of Review's decision (BOR Case No. D83/06) in February 2007.
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