Thursday, June 03, 2021

Najib: IRB weaponised to damage my reputation, political career





Najib: IRB weaponised to damage my reputation, political career

Former prime minister Najib Abdul Razak claimed that the Inland Revenue Board (IRB) has been weaponised to damage his reputation and political career.

He cited this in his affidavit in support of an application to strike out a bankruptcy notice linked to an RM1.69 billion tax suit against him.

The bankruptcy proceedings against Najib is currently pending at the Kuala Lumpur High Court.

According to the affidavit made available to the media this afternoon, Najib claimed that the bankruptcy notice was an abuse of court process, premature and statute-barred.

“I verily believe that the issuance of the bankruptcy notice is an ‘abuse of process’ wherein the chronology of events above show that the bankruptcy notice is being used for a collateral purpose (ie of damaging my reputation and political career).

“I am of the firm belief that the judgment creditor’s wrongful tax computation is intentional in order for my political opponents to manipulate public perception to imply and/or to indicate that I am a person who evades tax (which is strongly denied),” he contended.

Najib claimed that he does not owe any tax liability to the judgment creditor, as all the tax returns have been allegedly timely and accurately submitted, and the tax due has been paid accordingly.

He also alleged that the IRB's tax assessment against him of RM1,465,690,844 (excluding the penalties) was baseless, unsubstantiated and in complete disregard of basic accounting and taxation standards.

“It is regrettable that the IRB has been weaponised as a political instrument to use and abuse the provisions of the Income Tax Act 1967 for the purposes of obtaining a judgment against me under Section 106, and to ultimately bring about the filing of the bankruptcy notice without a court of law hearing the merits and defence of my case.

“Furthermore, the timing of the service of this bankruptcy notice is highly questionable at the very least, in light of recent political developments in the country,” Najib claimed.

The former premier was served the notice on April 5. His lead counsel Muhammad Shafee Abdullah described it as being politically driven.

Previously on July 22 last year, the Kuala Lumpur High Court allowed the IRB’s application for summary judgment in its RM1.69 billion tax suit against Najib.

In effect, this meant that the High Court has allowed the IRB’s tax suit against Najib, without undergoing a full trial where witnesses need to testify.

The former premier has an appeal pending at the Court of Appeal against the summary judgment ruling.


8 comments:

  1. Jibby is a Totally unrepentant, totally remorseless Robber and Criminal.

    For such cases, the Maximum Penalty under the law, both for his Criminal Case and the Unpaid Tax exposure MUST be applied.

    ReplyDelete
  2. Jibby as PM/FM weaponised MoF & SRC to steal 4 billion from KWAP.

    QUOTE
    Those who approved RM4bil loan to SRC were Najib appointees, court told
    V Anbalagan - April 14, 2021

    PUTRAJAYA: The investment panel of a government pension fund that approved a RM4 billion loan to SRC International Sdn Bhd had Najib Razak’s appointees on it, the Court of Appeal heard today.

    Ad hoc prosecutor V Sithambaram said Najib, as the then finance minister, was empowered by law to appoint Retirement Fund Inc (KWAP) investment panel members, which included its chairman Wan Abdul Aziz Wan Abdullah and chief executive officer Azian Mohd Noh.

    Wan Abdul Aziz was also Treasury secretary-general then.

    Sithambaram said the panel, when deliberating SRC International’s second application in 2012, was informed that Najib was the one who had advised and approved the company’s request for the additional loan.
    UNQUOTE

    ReplyDelete
  3. Jibby weaponised the Customs Department and MoF to cheat GST taxpayers.

    QUOTE
    PAC report confirms GST law was broken
    Lim Guan Eng

    Published 16 Jul 2019

    MP SPEAKS | The Public Accounts Committee (PAC) confirms the GST law was broken and GST refunds that were not paid out to taxpayers were used for other purposes.

    In early August 2018 when I first tabled in Parliament that there was RM19.4 billion worth of GST refunds left unpaid as of 31 May 2018, taxpayers in Malaysia were shocked to find out the government had less than RM150 million in its Fund for GST Refunds to facilitate payment for GST refunds.

    The unpaid refunds worth RM19.4 billion involved 121,429 companies that included among the biggest conglomerates in Malaysia, like Petronas, Shell and Tenaga Nasional Bhd.

    When the GST was introduced in April 2015, all taxpayers had full confidence in the GST refund mechanism as it was well provided in the GST Act and Regulations.

    According to the mechanism, all GST collections should be made directly into the Fund for GST Refunds to facilitate payment of refunds within 14 working days from the receipt of GST Return (GST-03) filed electronically (Chart 1).

    Unfortunately, the GST collections were not deposited directly into the Fund for GST Refunds, and this had caused delays in GST refund payments for more than a year.

    Instead, the GST collections that were deposited directly in the Consolidated Revenue Account were used for other purposes by the previous government. The delays in GST refunds caused severe financial complications for the taxpayers.

    The PAC in its report confirms there were several irregularities in the GST refunds:

    There was a clear breach of the GST Act, as affirmed by the Attorney-General in his view to PAC. The GST Act required GST collections to be deposited in the Fund for GST Refunds to facilitate payment for GST refunds within 14 working days. However, this was not done in accordance with the GST Act and instead, the GST collections were deposited directly into the Consolidated Revenue Account. The Attorney-General has stated that this practice is against the fundamental trust law principles and trust accounting requirements, and is not in line with Section 54(2) and Section 54(5) of the GST Act 2014 (Chart 2).

    The GST collections deposited directly into the Consolidated Revenue Account were used by the previous Government for other purposes. This resulted in insufficient funds being transferred to the Fund for GST Refunds and caused significant delays in the payment of GST refunds. Only a certain portion of the GST collections (around 35 percent of GST collections) was transferred to the Fund for GST Refunds.
    The summary of the PAC report shows that the previous Government had used the GST collections for other purposes, and left a RM19.25 billion shortfall in the Fund for GST Refunds.
    ....con't

    ReplyDelete
  4. ...con't

    This was so because as of 31 May 2018, there was only RM150 million in the Fund.

    As stated by the Accountant General’s Department in the PAC report, the RM19.4 billion that was supposed to finance the relevant GST refunds was used by the previous government to fund its operating and development expenditures.

    This was despite the Royal Malaysian Customs Department admitting that RM19.4 billion had yet to be paid out due to insufficient funds in the Fund for GST Refunds.

    The PAC made two recommendations:

    The administration must fully comply with the law, especially with regards to the implementation of financial procedures so that the financial administration system is better organised and more accountable.
    Government officers entrusted with the relevant responsibilities must always advise the administration on matters pertaining to the law, procedure and statistical information without fear or favour, especially relating to cash flow management and financial discipline in order to achieve greater accountability.
    The Finance Ministry will respect the two principal recommendations in the report to ensure that the legal contraventions and financial non-compliance where monies meant for GST refunds were used for other government expenditures, will not be repeated in the future.
    UNQUOTE

    ReplyDelete
  5. Clearly politically motivated. The amount that he has to pay IRB implies that would be amongst the richest persons in Malaysia and even Asia. He may have done wrong in 1MDB but that's another issue.

    ReplyDelete
  6. Additionally 2 wrongs don't make a right as future politicians can use IRB as a weapon against their opponents. What happens if IRB summons LKS/LGE/Anwar for tax issues?

    ReplyDelete
    Replies
    1. Najib already carried out the weaponisation of LHDN 2015-2018 as part of the suppression campaign against 1MDB critics.

      Karma ...

      Delete