Najib’s daughter Nooryana loses bid to stay IRB suit for RM10m in unpaid taxes
Monday, 27 Jul 2020 02:36 PM MYTIn her application, Nooryana Najwa Najib also sought for the High Court to refer questions about the constitutionality of the Income Tax Act to the Federal Court.
Denying the application, Faizah said she could not allow a stay just because Nooryana was challenging the provision and that it was still legally binding as long as the law has yet to be deemed unconstitutional. Faizah then fixed August 8 for both parties to submit additional submissions and August 26 for the summary judgment decision.
She claimed Section 106 of the Act that prohibited judicial discretion in the IRB’s civil suits, such as the one against her, was unconstitutional.“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
It contended that the defendant had not paid the amount of income tax owed, including the increase, worth a total of RM10,335,292.36.
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