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Former prime minister Datuk Seri Najib Razak claims that the bankruptcy notice filed against him by the Inland Revenue Board (LHDN) over his alleged failure to pay RM1.69bil in tax arrears was a malicious “ploy for political conspiracy”.
The Pekan MP said this in his application to set aside a bankruptcy notice by way of a summons in chambers filed on May 31.
Najib also contended that LHDN’s request to issue the bankruptcy notice against him was premature as he has an ongoing appeal on the matter at the Court of Appeal and the Special Commissioners of Income Tax.
Lawyer Wee Yeong Kang, who appeared for Najib in the proceedings, told the press that his client has also filed an application for a stay of the bankruptcy proceedings on May 31.
KUALA LUMPUR: Former prime minister Datuk Seri Najib Razak claims that the bankruptcy notice filed against him by the Inland Revenue Board (LHDN) over his alleged failure to pay RM1.69bil in tax arrears was a malicious “ploy for political conspiracy”.
The Pekan MP said this in his application to set aside a bankruptcy notice by way of a summons in chambers filed on May 31.
According to the court document, sighted by The Star, Najib wants the bankruptcy notice dated Feb 4 issued by LHDN to be struck out by the court and for the cost of his application to be borne by LHDN.
In his supporting affidavit, Najib said the notice was mala fide, oppressive and an abuse of court process.
“The bankruptcy notice issued against the judgment debtor (Najib) was a ploy for political conspiracy and actuated by malice.
“The judgment debtor has a full set-off against the claim filed by the judgment creditor (LHDN),” it said.
Najib also contended that LHDN’s request to issue the bankruptcy notice against him was premature as he has an ongoing appeal on the matter at the Court of Appeal and the Special Commissioners of Income Tax.
Lawyer Wee Yeong Kang, who appeared for Najib in the proceedings, told the press that his client has also filed an application for a stay of the bankruptcy proceedings on May 31.
Wee said the court has also ordered for LHDN to reply to both of Najib’s applications to strike out and to stay the proceedings within 14 days after the end of the lockdown.
The matter was brought before deputy registrar Ida Rahayu Sharif for case management via online proceedings here on Tuesday (June 1).
On July 22 last year, the High Court ruled that Najib had to pay LHDN RM1.69bil in additional tax and penalties for the period 2011 to 2017, after allowing the LHDN’s application to enter a summary judgment against the former.
A summary judgment is when the court decides a particular case summarily, without calling witnesses to testify in a trial.
Najib is appealing against the High Court’s decision and the appeal would be heard at the Court of Appeal on June 16.
Pursuant to Section 103 (2) of the Income Tax Act 1967 (ITA), a person ordered to pay the assessment has to settle the payment to LHDN even if an appeal has been filed.
The government, through LHDN, had filed the bankruptcy notice against Najib on Feb 4, following a ruling from a High Court that ordered Najib to pay his tax arrears.
Based on the notice, Najib has to pay RM1.69bil with a 5% interest rate per annum on the total balance from July 22,2020, (date of the High Court’s decision) to Feb 4,2021, and the total payable amount as of the later date was RM1,738,804,204.16.
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