Malaysia

Daim’s wife fails in bid to stay payment of RM313.82 million to LHDN 

Judge Dr Shahnaz Sulaiman, in dismissing the application, said there were no exceptional circumstances in this case.

Updated 2 years ago · Published on 18 Oct 2024 3:45PM

Daim’s wife fails in bid to stay payment of RM313.82 million to LHDN 
Na'imah also claimed the respondent had failed to pay out to her RM3.807 billion in tax refunds for 2017 and prior. - October 18, 2024

THE Shah Alam High Court refused to grant Toh Puan Na'imah Abdul Khalid , the wife of former finance minister Tun Daim Zainuddin, an interim stay of an order compelling her to pay tax arrears of RM313.8 million to the Inland Revenue Board (LHDN).

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.

Shahnaz 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 any tax collected from Naimah can be refunded by LHDN if an appeal is successful.

In her affidavit in support, Na'imah claimed the assessment raised against her was following over RM700 million in alleged unreported income in 2018, which she said was based solely on baseless accusations.

She claimed the entire tax audit process appeared to be undertaken maliciously as the respondent failed to follow the proper tax audit guidelines and it is unlawful, invalid, null and void and/or in excess of authority.

She also claimed the respondent had failed to pay out to her RM3.807 billion in tax refunds for 2017 and prior.

Na’imah and Daim, 85, are also facing separate criminal court cases linked to the couple’s alleged failure to abide by MACC notices to declare their assets.

Lawyer DP Naban and Darshini Sharma represented Naimah, while  Ahmad Isyak Hassan acted for LHDN. - October 18, 2024

Related News

Malaysia / 2w

Najib fails to secure stay of 15-year jail term, RM11.38b fine in 1MDB case

Malaysia / 2w

Eligibility for PTPTN repayment deferment to be verified with LHDN

Malaysia / 1mth

Najib's application to stay his 1MDB sentence to be heard on Oct 14

Malaysia / 1mth

Najib’s house arrest does not end other legal battles, MACC probe to continue

Malaysia / 2mth

Private university CFO charged over alleged RM6.56m CBT

Malaysia / 2mth

Rosmah granted conditional stay on RM67.5m jewellery payment

Spotlight

Education

Schools to get extra holidays for Deepavali

Malaysia

Getting angry at your wife for buying items online is a form of abuse, says minister

Malaysia

Man posing as Selangor crown prince’s aide arrested over RM960,020 scam

Malaysia

Dr Mahathir leaves late wife’s tahlil ceremony after feeling unwell

Malaysia

Chegubard jailed four months for defaming King

Malaysia

Court to hear Najib’s bid to revive RM1.9m suit against former AG on Nov 26

Malaysia

Malaysia climbs to 15th in global competitiveness rankings

Education

MOE: Close to 49,000 Year One pupils failed to master basic literacy and numeracy in 2025

You may be interested

Malaysia

Anwar extends condolences to Spain after deadly train crash kills at least 68

Malaysia

Deepavali price controls cut prices of five essentials in Peninsular Malaysia

Malaysia

Chegubard jailed four months for defaming King

Malaysia

Melaka PRN: No final decision on seats yet, says MCA

Malaysia

Selangor weighs deal with 11 Bersatu assemblymen ahead of Melaka polls

Malaysia

Rayer questions decision to probe custodial death under Section 331 instead of murder

By Alfian Z.M. Tahir

Malaysia

691 teachers flagged for immediate psychological intervention, says Fadhlina

By Alfian Z.M. Tahir

Malaysia

Drug-laced drinks sold for up to RM300 a bottle, police say after 23 arrested