Najib, son file appeal to avoid paying tax due, court hears
Former prime minister Najib Razak and his son are appealing against the High Courts’ decision to allow Inland Revenue Board’s application to enter summary judgments over their income tax arrears. – The Malaysian Insight file pic, June 14, 2023.
“If this appeal is allowed by the court, public interest shall be prejudiced as a whole and this appeal is filed by the appellants to evade the tax that is due and payable in the first place,” she said during the hearing of Najib Razak and his son Nazifuddin’s appeals against the summary judgments entered against them before a panel of five judges led by Court of Appeal President Abang Iskandar Abang Hashim.
“The taxpayers must pay the amount due first regardless of any appeal. The rationale behind this principle is to treat taxpayers equally, vis-a-vis, between compliant and non-compliant taxpayers, and most importantly, to protect the government’s coffers,” she said. He said this court is cloaked with the jurisdiction to hear and determine the constitutional challenge arising from section 106 of ITA, which states that in relation to IRB civil action to recover taxes, the court shall not entertain any plea that the amount of tax sought to be recovered is excessive, incorrectly assessed, under appeal or incorrectly increased.
“If every taxpayer can come to court and have a full trial on the amount assessed, the country would come to a standstill. The B40 would be wiped out as there would be no money ,” Nallini said.The former prime minister and his son are appealing against the High Courts’ decision to allow IRB’s application to enter summary judgments over the income tax arrears.
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