Nooryana Najib Challenges The Constitutionality Of Income Tax Act Provision




The daughter of former prime minister Najib Abdul Razak, Nooryana Najwa Najib (above), has mounted a legal challenge against the constitutionality of a provision under the Income Tax Act 1967
This comes as Section 106(3) of the Act disallows court intervention in a civil suit filed by the Inland Revenue Board (IRB) against Nooryana, where the government is claiming over RM10.3 million in income tax from Nooryana
Her lawyer, Muhammad Farhan Shafee, said the particular provision prevents a judge from making a decision and gives the court no choice but to give judgment in favour of the government
"In the case of Nooryana, the IRB is seeking to recover about RM10 million in (tax assessment) from her. This assessment can be subject to an appeal to the Special Commissioner of Income Tax
"(However), in between this appeal procedure, the IRB can file a civil suit to the court, which in this case they filed it at the High Court, seeking the recovery of the funds
"And, when they filed an application to the court, they can go by way of summary judgment. Because Section 106(3) of the Income Tax Act effectively says that the defendant has got no defence," Farhan told Malaysiakini when met at the Shah Alam High Court Complex this morning
Farhan was representing Nooryana in the civil suit filed by IRB in the High Court in Shah Alam, where today was fixed as hearing date before judge Faizah Jamaludin
For the record, summary judgment is a judgment entered by a court for one party and against another party summarily, which is without a full trial
According to the Farhan (above, on left), the provision states that a defendant cannot argue in court whether the tax assessment was done correctly and whether it was excessive
This, Farhan added, was the part where they alleged "pay first and talk later"
"The court has got no choice but to give judgment in favour of the plaintiff
"We are saying that this provision is unconstitutional because it removes the power of the High Court judge, or any judge handling the matter, to make a decision"In our system, where we have three limbs of democracy - the Parliament, Judiciary and the Executive - the courts should be the ones making the decision. So that is the basis of our challenge," he said
The IRB has filed a writ of summons against Nooryana in the High Court in Shah Alam in July last year, seeking RM10.3 million in unpaid income taxes
However, the housewife had since questioned the move by the government, which was then under Pakatan Harapan administration, to tax her over money which she claimed was given to her by her wealthy husband, Daniyar Kessikbayev, and his family
She has since filed an appeal with the Special Commissioner of Income Tax
Stay application rejectedThe proceedings today saw Justice Faizah deliberating on an application by Nooryana to get a stay on the suit by IRB, which is seeking summary judgment to compel Nooryana to pay the RM10.3 million
In her application, the defendant is also seeking for the High Court to refer the specific constitutional question to the Federal Court for determination
However, the application was denied by the judge after hearing submissions from both Farhan and government lawyer Norhisham Ahmad
Justice Faizah (above) in her ruling said that she could not allow a stay just because Nooryana is challenging the provision
According to the judge, as long as the law is yet to be deemed unconstitutional, it is still legally binding
She added that if a stay were to be allowed, it would create a basis for others facing a similar case in the country to get a stay of their hearing, just because they are challenging the provision
"If I am to allow this at the last hour, on the question of whether Section 106 is against the Constitution, then every single taxpayer in this country will apply for a stay on this ground," said Faizah
However, the judge allowed a verbal application from Farhan for the court to decide on the constitutionality issue, which the defence argued that the court has the power to do so
Justice Faizah then set Aug 8 for both parties to submit additional submissions and Aug 26 for her decision on the summary judgment. - Mkini

Artikel ini hanyalah simpanan cache dari url asal penulis yang berkebarangkalian sudah terlalu lama atau sudah dibuang :

http://malaysiansmustknowthetruth.blogspot.com/2020/07/nooryana-najib-challenges.html?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+MalaysiansMustKnowTheTruth+%28Malaysians+Must+Know+the+

Kempen Promosi dan Iklan
Kami memerlukan jasa baik anda untuk menyokong kempen pengiklanan dalam website kami. Serba sedikit anda telah membantu kami untuk mengekalkan servis percuma aggregating ini kepada semua.

Anda juga boleh memberikan sumbangan anda kepada kami dengan menghubungi kami di sini
Summary Judgment Granted Najib Needs To Pay Rm1 69b Tax

Summary Judgment Granted Najib Needs To Pay Rm1 69b Tax

papar berkaitan - pada 23/7/2020 - jumlah : 223 hits
The Inland Revenue Board succeeded in its bid for summary judgment in a suit to recover RM1 69 billion in income tax from Najib Abdul Razak In effect this means the former prime minister now has to pay the RM1 69 billion in tax to the IRB T...
Sacrifice If You Love The Malays Ku Li Tells Cacat Zahid And Najib

Sacrifice If You Love The Malays Ku Li Tells Cacat Zahid And Najib

papar berkaitan - pada 24/7/2020 - jumlah : 299 hits
Umno s chief advisor Tengku Razaleigh Hamzah has urged party president Ahmad Zahid Hamidi and former president Najib Abdul Razak to make way for new blood He said this was necessary because of their love for the Malays and Umno In an interv...
The Najib Conviction What Next And Where To Umno From Here On

The Najib Conviction What Next And Where To Umno From Here On

papar berkaitan - pada 28/7/2020 - jumlah : 366 hits
Today Najib has been korban And maybe tomorrow Zahid as well But the perjuangan is not about Najib or Zahid but about masa depan orang Melayu dan Islam Forget that at your own peril And that was what made Umno great in the Merdeka era and t...
The Najib Conviction Is It A Win Or Loss For Pakatan

The Najib Conviction Is It A Win Or Loss For Pakatan

papar berkaitan - pada 28/7/2020 - jumlah : 339 hits
Furthermore if action is finally taken against Guan Eng and those other DAP leaders they cannot complain since even leaders in the government or leaders linked to the government face that same fate At the end of the day DAP leaders too are ...
The Implications Of The Najib Razak Case

The Implications Of The Najib Razak Case

papar berkaitan - pada 29/7/2020 - jumlah : 392 hits
If Najib s allies remain in control of parliament a big if given their narrow majority in parliament he might still be spared Joshua Kurlantzick Council on Foreign Relations On Tuesday a Malaysian court found former Prime Minister Najib tun...
Najib Asks Dr Mahathir To Stop Making Him The Fall Guy And Come Clean Over Real Reasons For Resignation As Pm

Najib Asks Dr Mahathir To Stop Making Him The Fall Guy And Come Clean Over Real Reasons For Resignation As Pm

papar berkaitan - pada 18/7/2020 - jumlah : 316 hits
There are three main reasons why he resigned as prime minister He does not want Anwar to be prime minister he does not want to be controlled by DAP and PKR anymore and he was worried that Bersatu and Pakatan Harapan would lose badly in the ...
I Criticise Najib Because He Brought Down The Pakatan Harapan Govt Says Dr Mahathir

I Criticise Najib Because He Brought Down The Pakatan Harapan Govt Says Dr Mahathir

papar berkaitan - pada 21/7/2020 - jumlah : 349 hits
Former prime minister Dr Mahathir Mohamad today defended his right to criticise Najib Razak saying the latter is the cause of the fall of the Pakatan Harapan government He said he named Najib when explaining his resignation as the seventh p...
Gearing Up For That Big Road Trip Follow These Tips To Ensure A Smooth Ride On The Road

Gearing Up For That Big Road Trip Follow These Tips To Ensure A Smooth Ride On The Road

papar berkaitan - pada 31/7/2020 - jumlah : 308 hits
With Hari Raya Aidiladha coming up and interstate travel made possible again going back to our hometown or taking a short blissful holiday with your family and loved ones is something exciting to look forward to But before you start your jo...
Populerkan Gaya Hidup Sehat Di Masyarakat Lemonilo Gandeng Keluarga The Baldys Sebagai Brand Ambassador

Populerkan Gaya Hidup Sehat Di Masyarakat Lemonilo Gandeng Keluarga The Baldys Sebagai Brand Ambassador

papar berkaitan - pada 29/7/2020 - jumlah : 303 hits
Kolaborasi Lemonilo dengan keluarga The Baldys diharapkan bisa lebih mempopulerkan gaya hidup sehat di masyarakat
Oriental Kopi Klcc Port Minum Kopi Terbaru

Pasar Raya Flagship Jaya Grocer Di Sunway Pyramid Tarik Pengunjung Dengan Penampilan Serba Baharu

U Mobile The New Ali Baba Contractor For The Second 5g Network Tender

The Celebrity Legs And Feet In Tights 2024 Pantyhose Queen Poll Full Contender List

Panas Artis Wanita Malaysia Ditahan Polis Thailand Turut Ditemukan 6 000 Biji Pil Kuda

Iphones Dalam Bahaya Amaran Baru Peretasan Sasarkan Peranti Apple

Explore The Hottest Tangkasnet Gaming Trends And Top Picks For 2024

Jangkitan Kulit Utama Oleh Mycobacteria Bukan Tuberkulosis Laporan 6 Kes


echo '';
Info Dan Sinopsis Drama Berepisod Senyawa iQIYI Malaysia

Info Dan Sinopsis Drama Berepisod Project Projek Exit Astro Originals

Pelajari Asal Usul Nama Makhluk Seram Kisah Fiksyen Barat Yang Terkenal

10 Fakta Filem Kahar Kapla High Council Yang Ramai Tak Tahu Prekuel Drama Project Projek High Council

Anugerah Seri Angkasa 2024 Senarai Keputusan Pemenang Calon Top 5 Kategori Hadiah Persembahan Penyampai Trofi Dan Segala Info ASA 36


Creating Timeless Portraits Techniques Used By Professional Photographers In Dubai

Pengawal Keselamatan Rebah Tunggang Motosikal Akibat Terlalu Penat Bekerja

Artis Kelantan Ditahan Sungai Golok Didakwa Miliki Dadah

Immigration Officers Involved In Counter Setting Case Transferred Says Dg

Kerajaan Perkenal Undang Undang Lebih Tegas Tangani Buli Siber Kata Anwar

Malaysiaweeklyrecap 30 September