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2023 MarsdenLR 109

HIGH COURT MALAYA KUALA LUMPUR
KERAJAAN MALAYSIA – Appellant
Versus
ANUAR ABD AZIZ – Respondent


Petitioner Advocates:Aal-Hummidallah Idrus,Muhammad Sandri Saud,Siti Maisarah Ab Rahim ,Respondent Advocate: J Kuldeep Kumar,Athari Bahardin

Table of Content
1. taxation is a certainty in life. (Para 1 , 2)
2. summary judgment sought for unpaid tax. (Para 3 , 4 , 5)
3. key statutory provisions in tax assessment. (Para 7 , 12 , 21 , 22)
4. denial of service does not establish a triable issue. (Para 24 , 26 , 32)
5. court will not entertain defences to amount claimed. (Para 41 , 42 , 44)
Leong Wai Hong JC:

Introduction

[1]"In this world, nothing can be said to be certain except death and taxes".

[2] The above is a famous quote from the American statesman Benjamin Franklin in his 1789 letter to Jean-Baptiste Le Roy which said in part:

Our new Constitution is now established, and has an appearance that promises permanency; but in this world nothing can be said to be certain, except death and taxes.

[3] In fulfilment of the prophecy of certainty, the Malaysian government via the Lembaga Hasil Dalam Negeri ("LHDN") has now pursued the Defendant for unpaid tax by applying for summary judgment [Enclosure 42] pursuant to O 14 of the Rules of 2012 for recovery of tax arrears amounting to RM10,484,396.96 for the Defendant's failure to submit his Income Tax Forms as required under s 77 of the Income Tax Act 1967 for the Years of Assessment

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