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Moulin Global Eyecare v Inland Revenue
HK Court of Final Appeal, 13-Mar-2014
By a majority, the CFA rules that the Government gets to keep its windfall of tax paid on fake profits reported by Moulin. Lord Robert Walker, leading the judgment, attributes the actions of the fraudulent directors to the company, and says that the company "chose not to" object to the tax within the 1 month timeframe, even though it was still being run by fraudsters at that point (and they would of course not cause the company to correct the fake profits in the filings). Justice Robert Tang Ching is the lone voice of common sense. Webb-site now calls on the Government to table legislation to correct this anomaly.



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