Hearing of Ku Nan’s application to suspend IRB proceeding on Jan 7


The application by Datuk Seri Tengku Adnan Tengku Mansor (picture) to suspend the proceeding of a suit against him to seek RM57.17 million in income tax arrears for the period between 2012 and 2017, will be heard on Jan 7 next year.

Tengku Adnan who was former UMNO secretary-general sought to suspend the proceeding of the case until his appeal to review the tax assessment with IRB is settled.

Counsel Bahari Yeow Tien Hong, who is representing Tengku Adnan told reporters that the date was fixed by High Court Judge Datuk Azimah Omar after case management in her chambers today which was also attended by senior revenue counsels Al-Hummidallah Idrus and Norhisham Ahmad representing IRB.

However, Bahari said the hearing application by IRB that the suit be decided through summary judgement without going through trial was still pending in court.

A summary judgement is where the court decides on a certain case through arguments without hearing witness statements in the trial.

On Nov 4, Tengku Adnan withdrew his application to strike out summary judgement applied by IRB.

The Government of Malaysia via IRB filed the suit on July 24 after charging Tengku Adnan as the defendant who is still owing income tax for the assessment years from 2012 to 2017 as stated in the Assessment Notice dated March 15 2019.

Based on the claim statement, IRB accused Tengku Adnan of failing to pay the income tax within 30 days from the date of the Assessment Notice was delivered as stipulated under Section 103 of the Income Tax Act 1967, and a further 10 per cent increase on the overall income tax is imposed.

The plaintiff said the defendant had failed to settle the entire income tax amount with the 10 per cent increase and as it is still outstanding after 60 days, a further five per cent interest is imposed on the defendant.

IRB also alleged that to date, the defendant has yet to pay the income tax arrears with the increment, amounting to RM57,167,069.35.

The arrears are 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).

As such, the plaintiff is seeking from the defendant a total of RM57,167,069.35, with interest on RM57,167,069.35 at five per cent per annum from the date of judgement until the realisation date with costs and other reliefs as deemed fit by the court.