Vijey R. Mohana Krishnan
Vijey is a tax lawyer. He has extensive experience in income tax, custom duties, GST, real property gains tax, tax incentives and stamp duty.
Unlike many other tax advisers, Vijey’s experience extends to tax litigation – he often appears before the Special Commissioners of Income Tax, the High Court and the Court of Appeal on major points of tax law.
A recent success in the courts was the income tax appeal on behalf of Latexx Manufacturing Sdn Bhd, one of the largest rubber glove manufacturers in the world. The final court in the matter, the Court of Appeal, held that the tax holiday status given to the client could not be revoked or disregarded by the Inland Revenue Board merely by reason of some alleged non-compliance by the client as a tax-payer of the terms of the tax incentive. This issue plagues most companies that have a tax holiday status and the case sets a binding precedent on the matter.
Another decision secured by Vijey was that of the High Court which has set a precedent for trial runs to be considered part and parcel of the manufacturing process and therefore deemed to be used for purposes of business. As such, claims for capital allowance and reinvestment allowance on the machines used for trial runs are now allowed.
For Country Heights Holdings Berhad he successfully argued at the Court of Appeal against the imposition of real property gains on the company. With this decision, the special power vested with the Inland Revenue to impose tax on a disposer where both the acquirer and disposer of property had been late in filing their tax returns has been severely curtailed.
He has successfully represented clients in a wide range of tax cases, including cases concerning transfer pricing, deductibility of employee share option charges claimed by subsidiaries of listed companies, timing of recognition of income for property developers, refusal of the Minister of Finance to remit taxes, taxation of interest income as a business source and taxability of compensation received for termination of a contract.
In addition to court work, Vijey enjoys a tremendous variety of tax advisory work in many areas of tax law. He has provided tax advice to clients from every business sector – including Petronas, Sime Darby, Canon, AirAsia, Microsoft Corporation, Halliburton, AxaAffin, Zurich Insurance, BAE Systems, Behn Meyer, BMW, CIMB Bank, DRB Group, ExxonMobil, Heineken Berhad, Hitachi, Maybank, Naza, Pantai Hospital, TGV Cinemas, Uber B.V., Volvo and Western Union.
Consistently recommended in publications such as the Asia Pacific Legal 500, the Tax Directors Handbook and Chambers Asia Pacific, Vijey has been named as a Leading Individual for Tax in Asia Pacific Legal 500 in its 2018 – 2020 editions, a Leading Lawyer in AsiaLaw Profiles for the years 2012 – 2015, 2018 and 2019, a Highly Regarded Lawyer (formerly titled “Leading Lawyer”) in IFLR1000 (International Financial Law Review) for 2011 – 2020, and a Distinguished Practitioner in AsiaLaw Profiles for 2020 and 2021. His representation of clients before the Courts has lately earned him a place in the list of “Litigation Stars” in Benchmark Litigation 2020.
Vijey has also been highly ranked in the area of Tax in Chambers Asia Pacific from 2010 – 2020. In the 2018 edition, he was referred to as ‘a well-established figure in the Malaysian tax market, with expertise in both advisory and contentious matters. Well versed in handling tax planning as well as income tax appeals, he is described by clients as “very thorough, responsive and detailed, with the courage and conviction to think outside the box”.’ In the 2019 edition, it was said that he ‘has earned a good reputation as a deft and personable lawyer in the market. Clients express their satisfaction working with him: “For a quick view or preliminary view on a matter, he’s very supportive and very accommodative.”’
Lately, in the 2020 edition, a source said: “He is very good and sound in terms of his knowledge.”
Vijey has been involved in various committees including the GST and Tax Sub-Committee of the Malaysian Bar, the Tax Committee of the American Malaysia Chamber of Commerce and the Chartered Tax Institute of Malaysia Technical Committee – Indirect Taxation.
- Bachelor of Laws (Hons) (University of London)
PROFESSIONAL QUALIFICATION & MEMBERSHIP
- Advocate & Solicitor of the High Court of Malaya
- Admitted to the Malaysian Bar: 15th October 1999
- Certificate in Legal Practice, Malaysian Legal Profession Qualifying Board
- Associate of the Chartered Tax Institute of Malaysia