Lawyer Datuk Pretam Singh,
who appeared for the developer, said the company took up
the matter before the tribunal because the units,
although built on commercial land was solely for
residential use.
“This is a historical case
because this was the first matter involving soho units
to be filed and decided,” he said.
Pritam said the decision
was only confined to this project and could not be used
as precedent for other cases.
Best Boulevard director
Derick Lim said the ruling was hugely beneficial to
purchasers as they need not pay GST.
“For future rental and
sub-sale, the transactions of the soho units will also
not be subject to GST,” he added.
Before GST, the developer
wrote to the department to seek clarification but in May
it was told to impose the tax.
Pritam said the developer
decided to take the matter before the tribunal in June
as it would have serious impact on purchasers.
The lawyer said after
going through the documents, the department
director-general had exempted the developer from
collecting GST.
Lee Chee Thim, Abdul
Ghafar Abdul Latif and Effendi Nazilah were members of
the tribunal which conducted the proceedings behind
closed door.
Mohd Azawan Hamdan and
Kamaliah Kassim appeared for the department. – November
17, 2015.
Source:
The Malaysian Insider, dated 17/11/2015 |