Tengku Adnan withdraws application to strike out IRB’s application for summary judgment


The High Court here today allowed an application by former Federal Territories Minister Datuk Seri Tengku Adnan Tengku Mansor (picture) to withdraw his application to strike out the Inland Revenue Board’s (IRB) application for a summary judgment.

Judge Datuk Azimah Omar, in a decision made in chambers, allowed Tengku Adnan’s application with an order for him to pay cost of RM2,000 to IRB.

Present at the proceedings were Tengku Adnan’s lawyer, Bahari Yeow Tien Hong, and IRB’s senior counsel, Al-Hummidallah Idrus.

The IRB filed the application last Sept 11, seeking RM57.17million in income tax arrears for the period between 2012 and 2017 from the former UMNO secretary-general.

Tengku Adnan had also filed for a stay of the proceedings on the suit by IRB pending his appeal for a reassessment of his tax arrears for the period between 2012 and 2017 and the court had fixed Nov 15 to hear the matter.

On July 24, the Malaysian government filed a writ of summons and a statement of claim through the IRB in the High Court here, naming Tengku Adnan as the defendant.

According to the statement of claim, the IRB claimed that Tengku Adnan still owed income tax for the year of assessment of 2012 to 2017 as stated in the Notice of Assessment dated March 15, 2019.

It said the Notice of Evaluation was sent by the Registrar of Acceptance to the defendant on March 20 to his last address and that the Notice of Appeal was received and signed on March 22 by the return of the yellow Registered Acceptance card.

The plaintiff claim that because Tengku Adnan failed to pay the income tax arrears 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 per cent tax increase was imposed.

The plaintiff said as the defendant still failed to pay the arrears along with the 10 per cent increase within the 60 days stipulated under Section 103, a further five per cent tax increase had been imposed on the defendant, bringing the total to RM57,167,069.35.

The amount comprises 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 appropriate by the court.