KUALA LUMPUR: The High Court today allowed an application by the Inland Revenue Board (IRB) to enter a summary judgment against veteran lawyer Tan Sri Muhammad Shafee Abdullah for failing to pay income tax arrears amounting to RM9.41 million.
However, Judicial Commissioner (JC) Roz Mawar Rozain fixed next Monday to determine the final amount that Muhammad Shafee needed to pay to the IRB.
In allowing the IRB's application, Roz Mawar said that based on affidavits, Muhammad Shafee had no defence to the claim and there were no issues which warranted the testimony of witnesses at a full trial.
She said the amount not recovered from Muhammad Shafee had become a debt due to the government as the payment period had lapsed.
"The decision to have a summary judgment is to avoid a full-blown trial. In the circumstances, the summary judgment is entered on the defendant," she added.
Today (December 15) was fixed for hearing of the application for summary judgment after the parties failed to reach a settlement.
At today's proceeding, Muhammad Shafee was represented by counsel Datuk Seri Rajan Navaratnam, while senior revenue counsel Norhisham Ahmad appeared for IRB.
A summary judgment is obtained when the court decides on a case through written submissions without a full trial and calling witnesses.
On September 27, 2021, the IRB applied for its suit against Muhammad Shafee, which was filed on May 6, to be decided through summary judgment, on grounds that the defendant had failed to pay the income tax arrears amounting to RM9,414,708.32 within the stipulated time.
The IRB claimed that the lawyer failed to pay the amount of income tax owed for the Assessment Years 2011, 2012, 2013, 2014 and 2016 including the increase on the imposed sum. — Bernama