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REVENUE LAW LAWS 2338 C.O Subm
REVENUE LAW LAWS 2338 C.O Subm
REVENUE LAW LAWS 2338 C.O Subm
3. Credit Value: 3
4. Course Synopsis: The course introduces the main features of a sound system of
taxation; interpretation of taxing statutes; meaning and
scope of income; charges of income on various tax entities;
principles relating to the taxation of employment and
business income, the deduction of allowable expenditures,
capital allowances, corporate taxation and tax avoidance.
Other topics covered are filing of returns and assessments;
appeals and collection for recovery. An outline of real
property gains tax, sales tax and service tax are covered to
complement income tax as the main source of revenue.
1
Bloom’s Programme
Soft skills
No. Outcomes Taxonomy Outcomes
(KI)
C A P (PO)
1 Identify the quintessential 2 LL1 1
difference between the concept of CS3
income and capital as an CT3
important tool for the imposition EM1
of income tax.
2 Identify legal issues of taxation 3 CS3 2, 3, 8
relating to the individual and to CT3
business and the concept of zakat LL2
as taxation a shariah. EM2
3 Solve their legal problem by CS3 2, 3, 8
developing in applying tax CT2
principle to factual situations. TS1
Midterm test 20
Presentation 15
Quiz 20
Participation 5
Final Examination 40
Total 100
Not Applicable -
Total 100
3
6. Taxation of Business Income 3 5
Mid-Semester Test
11 Corporate Taxation 3 5
14 Administration of Tax 3 5
Revision 4
Final Examination 4
Total 42 78
13. References:
13.1. Required
4
1. Glen Loutzenhiser: Tiley’s Revenue Law [10th Ed, 2022] Hart Publications
2. Mohamed Arif & Yeah Kim: Malaysia's Taxation System: Contemporary Practices,
Issues and Future Direction [2020], Sunway University Press
5
and 4 (2) of the Competition Act 2010 (refer to
important dates)
Final Examination 40
Total 100
6
Content outline of the course / module and the SLT per topic
Weeks Topics (elaborate the sub-topic) Learning Task/Reading
Hours (author/page/ cases)
WEEK
2.0 Construction of Tax
3+5
Kheong, Chap 1; Veerinder 1.5-1.74
Legislation Cape Brandy Syndicate v IRC [1921]
2
1 KB 64
7
Charging section and Territorial S 3 ITA
Scope of Taxation
Classes of Income
S4
8
Shares &Share Options
Mudd v Collins (1925) 9TC 299
Vouchers
Laidler v Perry (1965) 42TC 351
Week 4 4.0 Payments, Benefits in Kind Kheong, Chap 10; Veerinder 7.3
3+5
9
Clayton v Gothorp (1971) 47 TC 168
Heaton v Bell (1970) AC 728
Jenkins v Horn (1979) 52TC 114
Hartland v Diggines (1926) 10TC 247
10
UN Finance v DGIR [1975] 1 MLJ 109
DGIR v Hui Thong Co [1981] 2 MLJ 33
DGIR v Khoo Ewe Aik Realty [1990] 2
MLJ 415
Circumstance lending to
West v Philips (1958) 38 TC 203
realization
Leach v Pagson (1962) 40 TC 585
Frequency of transactions
Bolson v Farrelly (1954) 34 TC 161
Week 7 3+5
Test & Case Presentation
Week 7
8.0 Illegal Trading Mann v Nash (1932) 16 TC 523
3+5
Canadian Ministry of Finance v Smith
(1927) AC 193
DGIR v LTS (1974)1 MTJ 187
IRC v Aken (1988) STC 69
11
(1913) 3 KB 75
Fletcher v IRC (1971) 3 All ER 1185
12
Attwooll (1976) 2 WLR 743
Burmah Steaming v CIR (1930) 16 TC
67
Payment for sale of business Short Bros v IRC (1929) 12 TC 955
assets
13
Unclaimed deposits Mortley v Tattersall (1938) 22 TC 51
Jays, The Jewellers Ltd v CIR (1947)
29 TC 274
Elson v Price Tailors Ltd (1962) 40 TC
671
14
Jackson v Laskers Home Furnishers
Reconstruction (1943) 27 TC 69
Bullcroft Main Collieries v O’Grady
(1928) 17 TC 93
CIT v Straits Rubber Co (1961) MLJ
191
Lurcott v Wakely (1911) 1 KB 905
Samuel Jones v IRC (1951) 32 TC 513
15
647
Munby v Furlong [1977] 1 ALL ER 953
Cole Bros v Phillips (1981) STC 683
CIR v Barclay Curle Ltd (1968) 45 TC
221
Rose & Co. Ltd v Campbell [1968] 1 All
ER 405
16
Typewriter Co. Ltd (1908) STC 358
S 108
Omnibus Co Ltd v Govt of Malaya
The Imputation System[ to 31st (1963) MLJ 14
Dec 2013] CIT v B&C Co Ltd [1966] 1 MLJ 286
R A Hill v Permanent Trustees Co
NSW (1930) AC 720
Single Tier System [Jan 1, 2014]
Residence S 61(3)
17
S 65
Settlor, Relative Bulmer v IRC (1964) 44 TC 1
S65(1)
Week 12.0 Tax Mitigation; Tax Kheong, Chap 19; Veerinder Chap 17
3+5
12 Avoidance
IRC v Duke of Westminster
CIR v Challenge Corp [1986]STC 548
Lim Kar Bee v Duofortis Properties
Sdn Bhd [1992]2 MLJ 281
Anti-avoidance provision : S.90
Newton v FCT (1950) 98 CLR 1
Mangin v CIR [1971] AC 739
CIT v AB Estates Ltd [1967] 1 MLJ 89
WP Keighery v FCT (1957) 100 CLR
66
Mullens v FCT (1976) 6 ATR 504
Shutzkin v FCT (1977) 8 ATR 166
Peacock v FCT (1976) 6 ATR 677
Cecil Bros v FCT (1964) 111 CLR 430
Sabah Berjaya Sdn Bhd v Ketua
Pengarah Jabatan Hasil Dalam Negeri
[1999] 3 MLJ 145
18
13 3+5 Collection
Application
Administration
Week
3+5
14 Ss 77 – 89
PP v Choo Swee Huat (1963) MLJ 38
PP v Lee Seng Seh (1966) 1 MLJ 266
Assessments Ss 90 – 97
Ss 98 - 102
19
65
PP v Choo Swee Huat [1963] MLJ 28
NTS Arumugam Pillai v DGIR [1977] 2
MLJ 63
20
LAWS 2338: Revenue Law
Teaching & Learning Method: Semester 1 2021-2022
3. Unless otherwise advised, all students must follow face to face lectures and tutorials. Nevertheless,
students must join Microsoft Team which will be specifically created for LAWS 2338 Section 1
to facilitate the flow of messages and transmission of study materials.
Final Examination 40
Total 100
1
Rubric for Evaluation of Mid-term Test
Performance Levels Marks
Rubric Components (Points Scale)
4 3 2 1
Excellent Good Fair Poor 20
Originality of work 3 2 1 0
- Do students use their original ideas?
Research skills 5 4 2 1
- Do students rely on correct and
adequate sources and literature?
- Are sources well-referenced?
- Do students use a systematic
footnoting style?
Content 8 6 5 3
- Do students identify the issues/state
the problem correctly?
- Is analysis of the applicable law
appropriate?
- Is the application of the law to the
given situation correct?
- Is the content descriptive or critical?
- Do students conclude with proper
answer, solution, comments or
criticism?
Organization and Language 4 3 2 1
- Do students use systematic structure
with cover page, table of contents,
introduction, main body, conclusion
and bibliography?
- Do students use sequential
organization of paragraphs that are
suited to proper transition of ideas?
- Do students use correct grammar?
- Do students use correct spelling,
choice of words, and punctuation?
- Are sentences clear and varied in
pattern?
20 15 10 5
Total
2
AHMAD IBRAHIM KULLIYYAH OF LAWS
INTERNATIONAL ISLAMIC UNIVERSITY MALAYSIA
Rubrics & Scoresheet for Evaluation of Class Participation (5%)
Name:
Exemplary (5) Accomplished (4) Developing (2-3) Require improvement (1) Total
score
Level of • Proactively and regularly •Proactively contributes • Few contributions to • Did not contribute to class
Engagement contributes to class to class discussion, class discussion; discussion; fails to respond
and active discussion; Initiates asking questions Seldom volunteers but to direct questions
discussion on issues and respond to responds to direct
participation
related to class topic direct questions questions
Relevance of • Student is consistently •Student has read and • Student has read the • Student is not adequately
Contribution well-prepared; thought about the material but not prepared; Does not appear
to topic Frequently raises material in advance closely or has read to have read the material in
questions or comments of class only some of the advance of class
under
on material outside the assigned material in
discussion assignment advance of class
Preparation • Listens without interrupting •Listens and • Does not listen • Does not listen when
and incorporates and appropriately carefully and others talk, interrupts, or
expands on the responds to the comments are often makes inappropriate
contributions of other contributions of nonresponsive to comments
students others discussion • Contributions, when made,
•Contributions are relevant •Contributions are • Contributions are are off-topic or distract
and promote deeper always relevant sometimes off-topic class from discussion
analysis of the topic or distracting
1
AHMAD IBRAHIM KULLIYYAH OF LAWS
INTERNATIONAL ISLAMIC UNIVERSITY MALAYSIA
RUBRICS & SCORESHEETS FOR PRESENTATION (15%)
Clarity & • Appropriate volume throughout • Spoke at an appropriate • Spoke quietly. Increased • Barely audible, even
Enthusiasm presentation. volume for most of volume briefly after being after requests to speak
(5) • Proper inflection throughout presentation. asked. up.
presentation. Spoke clearly and • Good inflection and • Showed some excitement • Sounded bored or
2
understandably enunciation. about the topic. uninterested.
• Appeared enthusiastic about Occasionally sounded • Attempted to modify behavior • Paid little attention to
presentation at all times and monotone to engage audience on one or proper pronunciation
able to hold audience interest • Appeared enthusiastic more occasions. Lost • Showed little or no
for most of presentation. for most of the attention of some audience enthusiasm about the
presentation and able to members. topic
hold audience interest
for most of presentation.
Visual Aid • Visual aids were of exceptional • Visual aids were of • Visual aids were marginally • Visual aids were
(5) quality. Contributed to the high-quality, related to related to the topic. unrelated to the topic,
quality or amount of the topic, and • Did not rely too heavily on or presenter failed to
information being presented. contributed to the notes or visual aids. explain relevance of the
• Presenter handled visual aids presentation. props.
expertly but Did not present by • Handled visual aid • Read the notes or visual
merely reading form notes of smoothly. aids.
visual aids. • Occasionally read the
visual aid and visual aids
used to guide discussion