The (unanimous) refused to allow the amendment. In summary, Mr Kwok gave the following reasons for refusing to allow the amendment to add an additional ground of appeal : 1) The taxpayer claimed that all expenses and outgoings of any nature must be taken into account is unsustainable and contrary to section 16 of the which IRO imposes the following restrictions on the deductibility : (1) The outgoings and expenses must be incurred by the taxpayer during the basis period for that year of assessment; and (2) The outgoings and expenses must be incurred in the production of profits in respect of which the taxpayer is chargeable to tax under Part IV of the for any period. IRO 2) This is a fact sensitive issue. The amendment lacks particulars, namely, (1) the amount or nature of the alleged expenses; (2) the amount or nature of the alleged outgoings; (3) the amount or time of the value of the land; (4) the year which is said to be the year’; ‘relevant (5) the disposal which is referred to; (6) the subject matter of the disposal; and
The (unanimous) refused to allow the amendment. In summary, Mr Kwok gave the following reasons for refusing to allow the amendment to add an additional ground of appeal : 1) The taxpayer claimed that all expenses and outgoings of any nature must be taken into account is unsustainable and contrary to section 16 of the IRO which imposes the following restrictions on the deductibility : (1) The outgoings and expenses must be incurred by the taxpayer during the basis period for that year of assessment; and (2) The outgoings and expenses must be incurred in the production of profits in respect of which the taxpayer is chargeable to tax under Part IV of the IRO for any period. 2) This is a fact sensitive issue. The amendment lacks particulars, namely, (1) the amount or nature of the alleged expenses; (2) the amount or nature of the alleged outgoings; (3) the amount or time of the value of the land; (4) the year which is said to be the ‘relevant year’; (5) the disposal which is referred to; (6) the subject matter of the disposal; and