KUALA LUMPUR: The High Court has dismissed an applicaton by Najib Razak’s son, Mohd Nazifuddin, to stay the Inland Revenue Board’s (LHDN) suit for summary judgment to recover RM37.6 million in income tax pending an appeal before a special commissioner of the tax agency.
High Court judge Ahmad Zaidi Ibrahim said there was no special circumstances to warrant the stay of proceedings at the moment.
“The judge has now fixed to hear the government’s suit for summary judgment on April 28,” lawyer Farhan Muhammad Shafee, who represented Nazifuddin, said today.
However, he said, the defence would evaluate whether to file an appeal or wait for the summary judgment outcome before deciding the next course of action.
The summary judgment under the Rules of Court is filed to get a verdict without calling for witnesses.
Last year, LHDN filed an application for a summary judgment against Nazifuddin, seeking RM37.6 million in unpaid taxes from 2011 to 2017.
The government, as the plaintiff, filed a writ of summons and statement of claim against Nazifuddin on July 24.
It claimed that Nazifuddin had unpaid taxes for the assessment years 2011 to 2017, as stated in an assessment notice dated March 15, last year.
The statement of claim said Nazifuddin had failed to pay taxes for seven years. It said this should have been done within 30 days of the date of assessment notice, as stipulated under Section 103 of the Income Tax Act 1967.
This resulted in the imposition of an additional 10% payment.
The government claimed Nazifuddin then failed to settle the amount within 60 days in accordance with the act, resulting in a further 5% payment, which brought the total to RM37,644,810.73.
Najib himself has been slapped with charges of unpaid taxes amounting to RM1.69 billion, and his daughter, Nooryana Najwa, for RM10.3 million, both for 2011 to 2017. They are also contesting the charges.
Last week, High Court judge Ahmad Bache Najib also dismissed Najib’s application to stay the LHDN suit for summary judgment to recover the RM1.69 billion pending an appeal before a special commissioner.