KUALA LUMPUR: The Inland Revenue Board's (IRB) application for its lawsuit against Datuk Seri Tengku Adnan Tengku Mansor will be decided through a summary judgement for hearing on Dec 12.
The lawsuit by the IRB was to recover RM57.17mil in income tax arrears for the period between 2012 and 2017 from Tengku Adnan, who is former Federal Territories Minister.
Deputy registrar Idamasliza Maarof Hakim fixed the date in her chambers here on Wednesday (Sept 11).
She also fixed Nov 15 to hear an application by Tengku Adnan, who is seeking to stay the proceedings.
In the lawsuit filed on July 24, the Federal Government via the IRB sued Tengku Adnan for RM57.17mil in income tax arrears.
The government, as the plaintiff, filed a writ of summons and statement of claim through the IRB at the High Court, naming the former Umno secretary-general as the defendant.
The government claimed that Tengku Adnan still owed income tax for the years of assessment 2012 to 2017, as stated in the Notice of Assessment dated March 15,2019.
It said the Notice of Assessment was sent via AR registered post to the defendant on March 20 to his last known address, and that the notice was received and signed on March 22.
It added that because Tengku Adnan failed to pay the income tax amount from 2012 to 2017 within 30 days from the date the Notice of Assessment was issued, as stipulated under Section 103 of the Income Tax Act 1967, a 10% tax increase was imposed.
The plaintiff said as the defendant had still failed to pay the income tax amount along with the 10% increase within the 60 days stipulated under Section 103, the amount was raised a further five percent.
The government claimed that to date, the defendant had still failed to pay the income tax due, including the increases, which totalled RM57,167,069.35.
The yearly tax amounts were RM64,444.38 (2012); RM6,614,861.59 (2013); RM8,887,576.69 (2014); RM9,198,523.67 (2015); RM5,520,818.05 (2016); RM26,880,844.97 (2017).
Accordingly, the government is seeking RM57,167,069.35 from the defendant, with interest rate of five percent per annum from the date of judgment to the date of realisation, as well as costs and other relief deemed appropriate by the court.