High Court dismisses Shafee’s bid to initiate counterclaim against LHDN

The High Court here has dismissed lawyer Tan Sri Muhammad Shafee Abdullah’s leave application to initiate a counterclaim against the Inland Revenue Board (LHDN) over RM9.41mil in alleged tax arrears.

(The Star) – Judicial Commissioner Roz Mawar Rozain, in her decision, said that an individual facing a tax recovery lawsuit was not entitled to file a counterclaim against the government.

Muhammad Shafee had contended that the lawsuit was filed against him in bad faith and it was a collateral attack for defending former prime minister Datuk Seri Najib Razak.

The senior lawyer was Najib’s lead counsel in his 1Malaysia Development Bhd (1MDB)-linked criminal cases.

“However, the court observed that the defendant’s counterclaim was against parties like the Malaysian Anti-Corruption Commission (MACC) and the Attorney General’s Chambers (AGC), which are not part of today’s proceedings,” JC Roz Mawar said here on Thursday (April 13).

Any complaints a taxpayer had about their tax amount could be addressed at the Special Commissioners of Income Tax (SCIT), she said.

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