[1] This is an appeal by the appellant Office Park Development Sdn Bhd against the decision of the Special Commissioners of Income Tax ('Special Commissioners') dated 11 September 2007 ('said deciding order'). The appellant's appeal is confined to item 1 of the said deciding order. In item 1 of the said deciding order, the Special Commissioners held that the proceeds from the sale of building A were to be assessed for income tax in the year of assessment 1999.

[2] The respondent, the Director General of Inland Revenue, had cross-appealed against item (ii) and (iii) of the said deciding order, which the Special Commissioners had ruled in favour of the appellant.

[3] The issues for determination by the Special Commissioner were as follows:

(a) In, which basis year is the sale of building 'A' to be recognised for tax purpose?

(b) Whether revenue was correct in imposing a