Kerzner International Mauritius Holdings Ltd (Appellant) v Assessment Review Committee and another (Respondent) (Mauritius)

Judgment given

Case summary
Judgment details
Appeal
Change log

Case summary

Case ID

JCPC/2019/0126

Jurisdiction

Mauritius

Parties

Appellant(s)

Kerzner International Mauritius Holdings Ltd

Respondent(s)

Assessment Review Committee and another

Issue

What is the correct approach to the valuation of property for the purposes of section 28 of the Land (Duties and Taxes) Act 1984?

Facts

The Appellant purchased 20% of a third party's shares in a property currently used as a golf course (the "Subject Property"). The consideration for the property's transfer was initially determined to be MUR 345,566,722. However, the Registrar General re-assessed the value of the Subject Property at MUR 1,170,000,000. Upon appeal, the Assessment Review Committee ("ARC") valued the Subject Property at MUR 855,364,000. The Supreme Court of Mauritius dismissed the Appellant's challenge to the ARC’s decision. The Appellant now appeals to the Judicial Committee of the Privy Council.