The judge agreed with the Iras review board that the basic function of the assets was as structures.
Justice Choo Han Teck said the assets – two runways and various taxiways and aprons at Terminals 1, 2, 3 and 4 of Changi Airport – were structures and not tools of trade.
He added that he did not agree with CAG that the decision made by the Income Tax Board of Review was unreasonable and that it erred in law. CAG appealed against the Comptroller’s assessment before the Income Tax Board of Review, which also found that the assets were not plants.Justice Choo said he agreed with the board that the basic function of the assets was as structures that allowed for aircraft to traverse and rest.
But Justice Choo said the focus of the inquiry on the exact operational role of the assets did not extend to how functional or integral they were to CAG’s business. “ functions of prevention of skidding, bearing heavy aircraft load, and the prevention of electric shocks are functions which augment the primary function of being a structure on which aircraft may traverse and rest,” he added.
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