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The Star
5 days ago
- Business
- The Star
Anwar, govt succeed in removing names from Mukhriz's tax lawsuit
KUALA LUMPUR: Datuk Seri Anwar Ibrahim and the government have successfully struck out their names in an application to initiate judicial review filed by Datuk Seri Mukhriz Mahathir linked to an Inland Revenue Board (LHDN) additional tax assessment amounting to more than RM5mil. Mukhriz, 60, filed the application on Dec 20 last year. He named the LHDN CEO or director-general, Anwar in his capacity as the Finance Minister and the government as the first, second and third respondents, respectively. During yesterday's proceedings, Justice Amarjeet Singh allowed the application by Anwar and the government to strike out their names after hearing submissions from both parties. However, Justice Amarjeet dismissed Anwar and the government's application to strike out several paragraphs in Mukhriz's affidavit that mentioned them. Senior Federal Counsel Irmawatie Daud appeared for the applicants, while lawyer Syed Afiq Syed Albakri represented Mukhriz. On Jan 2, the High Court granted Mukhriz leave to challenge the tax notices by LHDN on grounds that there were issues. The court fixed Dec 16 to hear the application on its merits. In Mukhriz's judicial review application, he is seeking a court order to quash the first respondent's additional tax assessment notice for 2017, 2018 and 2019, amounting to RM5,020,707.18, on grounds that the action is illegal and unreasonable. The notices were for additional tax assessment for 2017 (RM2,558,875.90), 2018 (RM2,445,004.91) and 2019 (RM16,826.37). He is also seeking a declaration that the decision to impose the penalty on him under Section 113(2) of the Income Tax Act is void and beyond legal authority. Mukhriz contends that LHDN wrongfully considered his disposal of shares in Opcom Holdings Bhd and dividends received from M Ocean Capital Sdn Bhd as taxable income, although they were not taxable. He is also seeking general and exemplary damages against the respondents. In March, Anwar and the government had applied to strike out their names as they contended that there was no need to list them as respondents in the judicial review. They said the action of naming them in the lawsuit was 'clearly frivolous, vexatious and an abuse of court process that is obviously unsustainable'.


The Sun
6 days ago
- Business
- The Sun
Anwar, govt succeed in removing names from Mukhriz's RM5m tax case
KUALA LUMPUR: Datuk Seri Anwar Ibrahim and the government succeeded today in having their names removed from a judicial review application filed by Datuk Seri Mukhriz Mahathir. Mukhriz is challenging the Inland Revenue Board's (IRB) issuance of additional tax assessment notices for the years 2017 to 2019, demanding payment of over RM5 million. High Court Judge Datuk Amarjeet Singh allowed the application by Anwar, in his capacity as Finance Minister, and the government to strike out their names as respondents in the judicial review proceedings. However, the court dismissed their bid to expunge several paragraphs in Mukhriz's affidavit that made reference to both respondents, and fixed Dec 16 for the hearing of the substantive judicial review application. On Jan 2, Judge Amarjeet granted leave for Mukhriz to commence judicial review proceedings, having found that the case raised arguable grounds. Earlier, senior federal counsel Nur Irmawatie Daud, representing both the second and third respondents, argued that the additional assessment notices were issued by the first respondent, the Inland Revenue's chief executive officer or director-general. 'The judicial review application is scandalous, frivolous and an abuse of court process,' she submitted. However, Mukhriz's counsel, Syed Afiq Syed Albakri, contended that the second respondent had influenced the first respondent in the issuance of the said notices against his client. Mukhriz, 60, filed the judicial review application on Dec 20 last year, naming the IRB's CEO or Director-General, Anwar and the government as the first to third respondents respectively. The businessman sought an order to quash the decision of the first respondent to issue additional assessment notices for the years 2017 to 2019, amounting to RM5,020,707.18, on the grounds that the decision was unlawful and unreasonable. The Pejuang president also sought a declaration that the imposition of penalties under Section 113(2) of the Income Tax Act 1967 was null and void, as well as ultra vires. The former Kedah Menteri Besar further sought a declaration that the second respondent (Anwar) had abused his powers in causing the first respondent (the government) to issue the said notices. Finally, he sought a declaration that the second respondent had similarly abused his powers in directing the issuance of a certificate under subsection 104(1) of the Income Tax Act 1967. - Bernama