PUTRAJAYA: Najib Razak and his son Mohd Nazifuddin are going to the Federal Court in an attempt to quash the Inland Revenue Board’s (LHDN) move to recover almost RM1.8 billion in tax arrears from them.
Both filed nine questions of law to obtain leave from the apex court before the merit of their appeals could be heard.
Leave will only be granted if the applicants can show the legal questions are of public importance and raised for the first time.
Lawyer Muhammad Farhan Muhammad Shafee said the leave applications for both men were filed yesterday.
On Sept 9, the Court of Appeal dismissed appeals from Najib and Nazifuddin to set aside summary judgments obtained by LHDN as part of their civil recovery proceedings.
The department is seeking to recover RM1.69 billion from Najib and RM37.6 million from Nazifudin.
A three-member bench, chaired by Abdul Karim Abdul Jalil, said the Income Tax Act 1967 provided a scheme on how assessment and tax collection should be made.
Abdul Karim said that in taxation law, outstanding tax must be paid after an assessment was made and notice sent to taxpayers within a specified time.
Last year, High Court judge Ahmad Bache ruled that Najib had to pay LHDN RM1.69 billion, inclusive of additional tax and penalties for the assessment years from 2011 to 2017.
Separately, High Court judge Ahmad Zaidi Ibrahim ordered Nazifuddin to pay RM37.6 million in unpaid taxes from 2011 to 2017. - FMT
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