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Now Daim’s wife do not need to settle RM313m in tax arrears yet
KUALA LUMPUR, Oct 28, 2024: The High Court on Oct 18 refused to grant Naimah Khalid, wife of former finance minister Daim Zainuddin, an interim stay of order and compelling her to pay tax arrears of RM313.8 million to the Inland Revenue Board (LHDN).
Today, a three-member Putrajaya Court of Appeal allowed her to delay the tax arrear payment.
No News Is Bad News reproduces below a news report on today’s court proceedings and that of the High Court’s:
Malaysia
Naimah granted stay order to delay RM313.8 million tax arrear payment
A three-member bench, led by Datuk Supang Lian, said the bench was unanimous in its decision.
Updated 30 seconds ago · Published on 28 Oct 2024 5:10PM
In delivering a brief judgement, Choo held that Naimah’s bid for the temporary stay order had merit. - October 28, 2024
TOH Puan Naimah Abdul Khalid, the wife of former finance minister Tun Daim Zainuddin, has received a temporary stay order from the Putrajaya Court of Appeal allowing her to delay a RM313.8 million tax arrear payment.
A three-member bench, led by Datuk Supang Lian, said the bench was unanimous in its decision.
The bench granted the ad interim (temporary) stay until the hearing of the appeal proper, over last month’s High Court rejection.
Other judges on the bench were Justices Datuk Hashim Hamzah and Datuk Dr Choo Kah Sing.
In delivering a brief judgement, Choo held that Naimah’s bid for the temporary stay order had merit.
Earlier this month, the High Court refused to grant an interim stay against an order by the IRB for Na’imah to pay the RM313.82 million in additional tax.
Judge Dr Shahnaz Sulaiman, in dismissing the application, said there were no exceptional circumstances in this case.
Na’imah, 67, was seeking an interim stay, pending a judicial review application to quash the IRB order dated Aug 13, deeming it as ultra vires, illegal, void, unlawful and in excess of authority, irrational and unreasonable.
She argued that special circumstances justified an interim stay, including that her judicial review application would be rendered nugatory if the stay was refused, the large tax sum raised by the respondent, and the irreparable damage and undue hardship she would face without the stay. - October 28, 2024
Friday 18 October 2024
Daim’s wife ordered to pay up RM313.8m in taxes
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Daim’s wife ordered to pay up RM313.8m in taxes
KUALA LUMPUR, Oct 18, 2024: One of the many suspected super rich tax evaders in Malaysia was today ordered by the High Court to pay up RM313.8 million in taxes.
Justice Shahnaz Sulaiman told the wife of former finance minister Daim Zainuddin, Naimah Khalid, that “there are no exceptional circumstances to warrant a stay as dues must be paid first and disputed later.
One of the many similarly suspected super rich Malaysian tax evaders are disgraced former prime minister and jailbird Najib “1MDB” Razak and his family members.
Have they settled their taxes? - Facebook image
No News Is Bad News reproduces below a news report on the court proceedings:
Naimah must pay up RM313.8mil in tax arrears, rules High Court
-18 Oct 2024, 02:48 PM
Judge says there are no exceptional circumstances to warrant a stay as dues must be ‘paid first and disputed later’.
Naimah Khalid is seeking a judicial review to quash the Inland Revenue Board’s demand to settle her tax arrears dating back to 2018. (Bernama pic)
SHAH ALAM: The High Court has refused to grant Naimah Khalid, the wife of former finance minister Daim Zainuddin, an interim stay of an order compelling her to pay tax arrears of RM313.8 million to the Inland Revenue Board (LHDN).
Justice Shahnaz Sulaiman said Section 103(1) of the Income Tax Act (ITA) 1967 stipulates that all tax assessed shall be due and payable on the due date whether an appeal is pending before the special commissioners of income tax or not.
She noted the Federal Court had previously ruled that under the Act, taxes must be paid first and disputed later.
She said any tax collected from Naimah can be refunded by LHDN if an appeal is successful.
Shahnaz said the apex court had also ruled that taxes must be collected expeditiously in the public interest.
This court is satisfied there are no exceptional circumstances in this case, as the respondent (LHDN) is authorised to collect taxes under the ITA 1967, she said in a judgment released today.
She said the seemingly enormous sum due in tax was not a sufficient reason for the grant of a stay, adding that what amounts to a large sum was relative.
“To the man on the street, a tax assessment of RM30,000 may be massive. Yet, as provided for under the ITA 1967, the man on the street is still required to make payment of this amount. The law applies equally to all.
This court finds this argument untenable, she said.
Naimah had applied for an interim stay pending the disposal of her application for judicial review over LHDN’s decision to issue notices of additional tax for the year of assessment 2018 on Aug 13.
She wants the court to quash LHDN’s demand for payment of RM313.8 million in tax arrears.
She contends that LHDN had cited the wrong provisions in the ITA 1967 when issuing the notice demanding payment.
She also said that since January, LHDN has questioned her about an increase in her shareholding in Ilham Baru Sdn Bhd, and claimed she used unreported income to pay off a loan between Ilham Baru, Ilham Tower Sdn Bhd and Welberton Private Equity Corp.
LHDN also said Naimah owns several properties in the US which she allegedly failed to declare, namely units at the Nantasket Beach Resort Hotel in Massachusetts, Chauncy Place, and Hotel Buckminster and Annex in Boston.
The board claims these properties are worth more than RM700.6 million.
However, Naimah said the properties in question were purchased more than 30 years ago and cannot be valued using the market price as of 2018.
Lawyer DP Naban and Darshini Sharma represented Naimah, while revenue counsel Ahmad Isyak Hassan acted for LHDN.
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