Mohd Nizar Najib, the son of former prime minister Najib Razak, has recorded a consent order with the Special Commissioners of Income Tax (SCIT) over the payment of income tax arrears.
Following this, businessman Nizar, 43, will be withdrawing his appeal at the Court of Appeal against a High Court’s decision that granted a summary judgment in the tax suit filed against him by the Inland Revenue Board (IRB).
His lawyer Muhammad Farhan Muhammad Shafee confirmed this when contacted by Bernama.
Meanwhile, Nizar’s other lawyer, Wee Yeong Kang, said that the consent order was recorded before SCIT on August 26.
He said the consent order recorded was in relation to the additional tax assessment for the assessment year 2011 to 2017 inclusive of 10% and five percent in penalties amounting to RM13,159,821.94.
“He will be withdrawing his appeal at the Court of Appeal. We have emailed the notice of discontinuance (NOD) to the IRB litigation branch in Kuala Lumpur branch today and would be filing the NOD as soon as it has been approved by the IRB litigation branch,” Wee said when contacted.
The matter came up for case management today before Court of Appeal deputy registrar Mariam Hasanah Othman.
Wee, who appeared for Nizar, and senior revenue counsel Muhammad Nabil Abdul Halim attended the case management.
Wee said the next case management has been fixed for September 9 to update on the status of the notice of discontinuance on the appeal.
On August 7 last year, the Shah Alam High Court allowed the IRB’s application for a summary judgment against Nizar and ordered him to pay RM13.16 million in unpaid taxes for the assessment years from 2011 to 2017. He subsequently filed an appeal to the Court of Appeal against this decision.
A summary judgment is where a court decides a case through arguments without hearing the testimony of witnesses in a trial.
In her judgment, Judicial Commissioner Julie Lack Abdullah ruled that the issues raised by Nizar were devoid of merits and did not constitute triable issues.
She was of the view that the taxpayer must pay his taxes regardless of his dissatisfaction with the amount or for any reason.
It was reported on May 31 this year that Nizar had agreed to settle his tax arrears owed to IRB.