Najib applies to examine five LHDN officers over bankruptcy notice

KUALA LUMPUR: Datuk Seri Najib Razak has filed an application to examine five Inland Revenue Board (LHDN) officers who affirmed affidavits in relation to a bankruptcy notice against the former prime minister over his failure to pay RM1.69bil in tax arrears.

Lawyer Wee Yeong Kang, who represented Najib, told the press that the summons in chambers was filed on Sept 22 in accordance with Rule 47 of the Insolvency Rules 2017.

According to the court document, Najib is seeking a court order to examine the five men on grounds that LHDN had repeatedly failed, neglected and refused to specify, explain and provide particulars as to how the calculations were done in respect of the total sum stated in the bankruptcy notice.

Wee said LHDN had informed the court that it would be filing to strike out Najib's application when the case was brought up for case management via online before Deputy Registrar Ida Rahayu Sharif here on Wednesday (Sept 29).

"The court then ordered LHDN to file the (striking out) application on Oct 13 and case management has been fixed for Nov 9," he added.

Revenue counsels Al-Humidallah Idrus and Athari Faris Ammerry Hussein appeared for LHDN during the online proceedings.

On June 25, 2019, the government through LHDN filed the suit against Najib seeking payment for a total of RM1.69bil, with interest at 5% a year from the date of judgment, as well as cost and other reliefs deemed fit by the court.

It also said that Najib was given 60 days to pay the tax, together with the 10% increase, but had failed to do so.

On July 22 last year, the High Court ruled that Najib must pay LHDN the amount after allowing LHDN's application to enter a summary judgment against him.

A summary judgment is when the court decides a particular case summarily, without calling witnesses to testify in a trial.

On Feb 4, LHDN issued a bankruptcy notice against the Pekan MP.

On Sept 9, the Court of Appeal dismissed Najib's appeal and affirmed the High Court's July 22 decision.

On Sept 13, Najib filed a leave application to appeal the decision at the Federal Court.