Privy Council.

Judgment delivered 5 December 1983.

Income tax – Malaysia – Capital allowances – Whether taxpayer carried on one business or two separate businesses – Income Tax Act 1967, sec. 42.

  This was an appeal by the taxpayer from and with the leave of the Federal Court of Malaysia. The taxpayer appealed against assessments to income tax for the years 1968-1972.

  The assessments arose from the refusal of the Revenue to accept that during the relevant period the taxpayer was entitled to set off capital allowances in repect of qualifying plantation expenditure against income derived from its timber operations.

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