The expenses were computed taking into consideration the proportion of interests sold. The tabulation was computed from the evidence adduced in the Tribunal. Table 2 Computation of the gain by the Tribunal
Block | % sold | Interest | Total Consideration | COST BASE | Gain | Tax at 30% | ||||
Signature bonus | Cost base as per S.89G(d) | Incidental expenses S. 52(2) | Total Cost base | |||||||
TUL | EA1 | 33.33% 33.33% | Pre-existing From HOGL | $ 516,666,150 $ 516,666,150 | $ 199,998 $ – | $- $ 497,435,185 + 75,000,000 (B) | $- $ 17,987,654 + 23,505,252 (A) | $ 199,998 $ 613,928,091 | $ 516,466,152 $ – 97,261,941 | $ 125,761,263 |
EA3A | 33.33% 33.33% | Pre-existing From HOGL | $ 383,332,950 $ 383,332,950 | $ 133,332 $- | $- $ 369,064,815 + 75,000,000 (B) | $- $ 13,345,679 + 23,505,252 (A) | $ 133,332 $ 480,915,746 | $ 383,199,618 $ – 97,582,796 | $ 85,685,047 | |
EA2 | 50% | $ 850,000,000 | $- | $- | $ 850,000,000 | $ 255,000,000 | ||||
Sub Total | $ 2,649,998,200 | $ 333,330 | $ 1,016,500,000 | $ 78,343,837 | $ 1,095,177,167 | $ 1,554,821,033 | $ 466,446,310 | |||
TUOP | EA2 | 16.66% | $ 283,332,200 | S- | $- | $ 283,332,200 | $ 84,999,660 | |||
TOTAL | 66.66% | $ 2,933,330,400 | $ 333,330 | $ 1,016,500,000 | $ 78,343,837 | $ 1,095,177,167 | $ 1,838,153,233 | $ 551,445,970 |
Note (A) is the increase in the incidental expenditure arising from the rectification of legal fees, guarantee fees and interest expense. Note (B) is the addition of the excess costs that were deducted by the respondent yet were not substantiated. In its computation, the tribunal has put the expense of the signature bonus for the pre-existing interest at US$ 199,998 for EA1 and US$ 133,332 for EA3A. In its computation, the respondent had put the signature bonus at US$ 99,999 and US$ 66,666 for EA1 and EA2 respectively.
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