Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Service of assessment (s145)
  • 1 Apr 2022

    Kerajaan Malaysia FOO HOLDINGS SDN. BHD.

    Citation
    AA-21NCvC-13-03/2021 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    AA-21NCvC-13-03/2021 (Mahkamah Tinggi)

    The NOA was validly served under s145(2) to the taxpayer's authorised agent and the Defendant had knowledge; section 106(3) of the Income Tax Act precludes challenging the amount in civil recovery proceedings so the Defendant's asserted grounds (including pending SCIT appeal and prior RPGT/CKHT5A) do not create triable issues in this summary proceeding; Defendant failed to raise bona fide triable issues, therefore summary judgment under Order 14 is appropriate and entered for the Plaintiff for RM5,515,225.51 with costs.

    • Income tax act 1967 enforcement
    • Summary judgment (order 14)
    • Service of assessment (s145)
    • Reassessment and penalties (s103)
    • Appeal to special commissioners of income tax
    • Effect of s106(3)