PUTRAJAYA: Former Prime Minister Datuk Seri Najib Tun Razak and his son, Datuk Mohd Nazifuddin have filed separate notice of motion to obtain leave to appeal against the Court of Appeals decision in dismissing their appeals to set aside the decision of the High Court in ordering them to pay tax arrears amounting to RM1.69 billion and RM37.6 million, respectively, to the Inland Revenue Board (IRB).

Both of them named the Malaysian government as repondent.

They are applying for leave to appeal to the Federal Court against the decision of the Court of Appeal, made on Sept 9, which dismissed their appeals with cost of RM10,000 each.

In the notice of motion, they submitted nine questions of law, including whether Section 106 (3) of the Income Tax Act 1967 violates Article 121 of the Federal Constitution and whether Section 106 (3) is unconstitutional or ultra vires because it has usurped the judiciary as enshrined under Article 121 of the Federal Constitution.

On Sept 9, judge Datuk Abdul Karim Abdul Jalil, who led a panel of three Court of Appeal judges, in a unanimous decision, said the court found no merit in the appeal filed by Najib and Mohd Nazifuddin and that there was no error in judgment by the High Court judges in both cases that needed to be corrected by the court.

Najib and Mohd Nazifuddin are appealing against the decisions of two separate High Courts which allowed the IRB's applications to enter summary judgment to recover tax arrears of RM1.69 billion from Najib and RM37.6 million from Nazifuddin.

A summary judgment is when the court decides a particular case summarily, without calling witnesses to testify in a trial.

On July 22, last year, High Court judge Datuk Ahmad Bache allowed the IRB's application for a summary judgement to be entered against Najib in its suit to recover the RM1.69 billion in taxes from the latter for the period between 2011 and 2017.

As for Mohd Nazifuddin, High Court judge Ahmad Zaidi Ibrahim, had on July 6 last year, ordered him to pay RM37.6 million in unpaid taxes to LHDN after allowing the board's application to enter a summary judgment against him in its tax arrears suit seeking to recover the unpaid amount from him between 2011 and 2017.

The decision on the summary judgment against Mohd Nazifudin was made on July 6 last year by judge Datuk Ahmad Zaidi Ibrahim, while judge Datuk Ahmad Bache allowed the IRB's application for summary judgment against Najib on July 22 last year.

On June 25, 2019, the government through IRB filed a suit against Najib seeking him to pay RM1.6 billion in income tax, with interest at 5% a year from the date of judgment, as well as cost and other relief deemed fit by the court.

The IRB, through the Malaysian government, also filed a similar suit against Mohd Nazifuddin on July 24, 2019, for payment of RM37.6 million.

On Feb 4 this year, the board issued a bankruptcy notice against Najib for his failure to pay the amount as the summary judgment was not stayed.

Mohd Nazifuddin was also served with a bankruptcy notice on April 30 this year over failure to pay the amount as ordered by the High Court.

-- BERNAMA