THE Inland Revenue Board (LHDN) has withdrawn its appeal against a High Court decision to refuse a summary judgment to recover RM10.3 mil in unpaid income tax from Datuk Seri Najib Razak’s daughter Nooryana Najwa.
The hearing of LHDN’s appeal was originally fixed for today (Oct 5). It is understood that LHDN had filed a notice of discontinuance, which means that the appeal will not proceed as scheduled before a Court of Appeal bench today.
“LHDN filed the notice of discontinuance yesterday, which resulted in the appeal being taken off the list,” lawyer Wee Yeong Kang told news portal FMT.
Meanwhile, a letter from LHDN to the appellate court on Tuesday (Oct 4) noted that the parties had reached a settlement of the case, resulting in the notice of discontinuance being filed and agreed by both parties.
On Aug 26, 2020 Shah Alam High Court judge Datuk Faizah Jamaludin dismissed LHDN’s application for a summary judgement to be entered against Nooryana for purported unpaid taxes as it found LHDN’s documentation to the court was not in order.
A summary judgment occurs when a court decides a case without hearing the testimony of witnesses.
The Government, via LHDN, was suing Nooryana for alleged failure to submit her individual income tax return forms to the tax agency under Section 77 of the Income Tax Act 1967 for years of assessment between 2011 and 2017.
LHDN had sought RM10,335,292.36, plus interest on the sum at 5% per annum and other relief deemed fit by the court. – Oct 5, 2022
Main photo credit: AFP