KUALA LUMPUR: The Inland Revenue Board’s application to get a summary judgement in its suit against former Federal Territories Minister Datuk Seri Tengku Adnan Tengku Mansor to recover RM57.17 million in income tax arrears will be heard by the High Court on Feb 24.
A summary judgement is where a court decides a case without hearing testimony of witnesses.
Lawyer Datuk S. Satharuban, representing Tengku Adnan, more popularly known as Ku Nan, said Judge Datuk Azimah Omar also set the same date to hear his client’s application for a stay of proceedings.
Satharuban told this to the media after case management came up before Azimah today. IRB was represented by senior federal counsel Al-Hummidallah Idrus and Norhisham Ahmad.
Tengku Adnan, who is also Putrajaya MP, filed the stay application pending the outcome of his appeal to review the tax assessment with IRB.
On Nov 4 last year, Tengku Adnan had withdrawn his application to strike out the summary judgement application by IRB.
On July 24 last year, the Malaysian government filed a writ of summons and statement of claim through the IRB in the High Court here naming Tengku Adnan, who is also a former Umno secretary-general.
According to the statement of claim, the plaintiff claimed that Tengku Adnan still owed income tax for the year of assessment 2012 until the year of assessment 2017 as stated in the Notice of Assessment dated March 15, 2019.
It said the Notice of Evaluation was sent by Registered Mail (A.R) to the defendant on March 20 to his last address and that a signed Notice of Appeal was received on March 22 along with the return of the yellow Registered Mail Acceptance card.
The plaintiffs claim that because Tengku Adnan failed to pay the income tax amount from 2012 to 2017 within 30 days from the date of filing of the Notice of Assessment stipulated under Section 103 of the Income Tax Act 1967, a 10% tax increase was imposed.
The plaintiff said the defendant still failed to pay the entire income tax amount along with the 10% increase within the 60 days stipulated under Section 103, thus leading to a further 5% tax increase imposed on the defendant.
It claimed that the defendant to date still failed to pay the owed income tax due, including the total increase, all of which came to RM57,167,069.35.
The break down is RM64,444.38 (2012); RM6,614,861.59 (2013); RM8,887,576.69 (2014); RM9,198,523.67 (2015); RM5,520,818.05 (2016); and RM26,880,844.97 (2017).
The plaintiff therefore sought from the defendant a sum of RM57,167,069.35, interest on the sum of RM57,167,069.35 at a rate of five per cent per annum from the date of judgment to the date of realisation, costs and other relief deemed fit by the court. - Bernama
