KUALA LUMPUR: Carpet dealer Deepak Jaikishan has filed another suit against former Prime Minister Datuk Seri Najib Razak, his wife Datin Seri Rosmah Mansor and another person, to seek a declaration that the couple are liable to bear the payment of tax arrears imposed on the former and his company for being proxies to the couple.
The suit was filed by Deepak together with Carpet Raya Sdn Bhd and Rajesh Jaikishan (his brother) naming Najib, Rosmah and Baling Member of Parliament Datuk Seri Abdul Azeez Abdul Rahim as defendants.
They filed the suit yesterday (Nov 15) through Messrs David Gurupatham & Koay.
In the statement of claim, Deepak who is director of Carpet Raya, claimed that between 2004 and 2010, he and the company had acted as proxies to Najib and Rosmah in transactions of land deals which benefited the couple among others in millions of Ringgit in profit.
Deepak claimed that the third defendant (Abdul Azeez) had acted as an agent and middle man to Najib and Rosmah to make the transactions with Carpet Raya.
He claimed that the transactions had caused the Inland Revenue Board (IRB) to send a letter dated March 2, 2018 to him to settle the outstanding tax payment amounting to RM6 million which did not include the increased penalty tax and interest.
The plaintiffs claimed that they were asked to pay the tax arrears in instalments for 24 months beginning January 2018 until December 2019 in line with the decision of the Finance Ministry through a letter dated Sept 21, 2017.
They also claimed that the couple had ordered the IRB to take legal action against Carpet Raya and a winding up petition that was filed against the company on March 22, 2017 by IRB was published in the newspapers.
Deepak contended that the petition had caused his reputation to be injured and had caused him to be banned from travelling out of the country.
He claimed that his trading facility had been withdrawn by Maybank and the company’s contract with IKEA was terminated as a consequence of the winding up petition.
Therefore, they are seeking for a declaration that Najib and Rosmah are the ones responsible to make the outstanding tax payment imposed on them and the company.
Among others, they are seeking for damages of RM500,000 which had been paid to Maybank as well as damages of RM47 million for Carpet Raya’s inability to fulfill contractual obligations and sale.
They are also seeking for RM74 million in damages over the termination of the company's contract with IKEA as well as RM37 million damages for the losses incurred as a result of misfeasance by Najib.