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Omar operates a mini market business in the name of Omara Enterprise. It was registered as a sole proprietorship even though he had actually admitted his son, Rahmad as a partner of the business and agreed to incorporate any rights, power, assets or expertise to carry on the business and sharing of profits. Upon audit, it was found that Omar had under-declared sales and profit and claimed deductions for some expenses which were not allowable. For year of assessments 2016, 2017, 2018 and 2019, Omar claimed that he had made a distribution of income from partnership to Rahmad. The Inland Revenue Board Malaysia (IRBM) however disallowed the said distribution. Omar was not satisfied and he contended that although registration of partnership is required under the Companies Commission of Malaysia (CCM) for the purpose of licensing, the existence of a partnership and its legality are subjected to the Partnership Act 1961. Furthermore, he argued that he and his son had complied with sections 2 and 55 of the ITA 1967 wherein the parties had agreed to incorporate any rights, power, assets or expertise to carry on the business and sharing of profits. Thus, according to him the partnership did exist.
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