Malaysia legislation
Section 36
Section 36
Section 27F of the principal Act is amended—
(a)
in the shoulder note, by inserting after the words "subsection 26F(1)" the words "or (2A)";
(b)
in subsection (1), by substituting for the proviso the following proviso:
"Provided that—
(a)
where the Minister is satisfied that the company was engaged in an activity or had otherwise incurred capital expenditure in relation thereto, from a date prior to the date from which the activity was deemed as a promoted activity under section 4, the approval may be granted retrospectively from a date not earlier than the date from which the company has been engaged in that activity or the capital expenditure had been incurred in relation thereto; and
(b)
no approval shall be granted retrospectively under subsection (1) or under the foregoing proviso from a date which is earlier than three years from the date the application under subsection 26F(1) is received by the Minister.";
(c)
by inserting after subsection (1) the following subsection:
“(1A) The Minister may grant approval in respect of an application for an investment tax allowance made under subsection 26F(2A) subject to such terms and conditions as he deems fit:
Provided that—
(a)
where the Minister is satisfied that the company had established a medical devices testing laboratory or had upgraded an existing medical devices testing laboratory, or had otherwise incurred capital expenditure in relation thereto, the approval may be granted retrospectively from a date not earlier than 8 September 2007; and
(b)
no approval shall be granted retrospectively under subsection (1A) or under the foregoing proviso from a date which is earlier than three years from the date the application under subsection 26F(2A) is received by the Minister.";
(d)
in subsection (2), by substituting for the words "subsection (1)" the words "subsections (1) and (1A)"; and
(e)
in subsection (3), by substituting for the words "subsections (1) and (2)" the words "this section".
Amendment of section 27G