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Hong Kong grounds illegality

Kwong Mile Services Ltd v Commissioner of Inland Revenue

(2004) 7 HKCFAR 275
JurisdictionHong Kong
CourtHK Court of Final Appeal
Year2004
StatusBinding authority

Summary

Tax tribunal decisions are subject to challenge only on limited grounds as established by precedent in Hong Kong.

Key Principle

Tax tribunal decisions can only be challenged on limited grounds as established by precedent.

Area of Law

tax

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Statutory interpretation in tax law requires ascertaining meaning from text, context and purpose; beneficial construction favouring taxpayer is not appropriate.

Federal Commissioner of Taxation v Consolidated Media Holdings Ltd (Statutory Construction) [2012] HCA 55

Tax legislation is construed by giving words their ordinary meaning in context; legislative purpose resolves ambiguity but cannot override clear statutory language.

Aid/Watch Inc v Commissioner of Taxation (2010) 241 CLR 539

An organisation engaged in political advocacy and law reform can qualify as charitable, as generating public debate on matters of public interest satisfies the public benefit requirement.

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