PETALING JAYA: Johor speaker Datuk Mohd Puad Zarkashi’s remarks against the Inland Revenue Board (LHDN) made clear the Umno supreme council member's ignorance of the law, says lawyer Rafique Rashid.
Victory for the taxman: Hazlina and her team leaving the Palace of Justice in Putrajaya, after the Federal Court’s decision was announced. — Bernama
When reading out the decision, Federal Court Justice Nallini Pathmanathan said the LHDN is levying tax on the appellants in the same manner it does for all citizens of the nation. Justice Nallini further said the appellants can still bring their case for reassessment before the Special Commissioners of Income Tax .
“It is not undertaking a full judicial adjudicatory role. Its full adjudicatory judicial power is deferred to the appeal arising from the decision of the SCIT by way of questions of law, or administrative or constitutional judicial review at a subsequent stage.“In our full grounds of judgment, we have examined cases from South Africa, Australia, Hong Kong and Ghana. It is evident the pay first, dispute later mechanism inherent in the ITA is utilised the world over,” she added.
“In this appeal, it could stultify the country’s tax collection system as validly provided for, and adversely affect the functioning of the government and the people. Therefore, the appeal is dismissed with no order as to costs,” she added. The former prime minister and his son were appealing against two High Court decisions to allow LHDN’s application to enter summary judgments over the income tax arrears case.
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