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KUALA LUMPUR: Petroliam Nasional Berhad (Petronas) and three other companies obtained authorization to initiate judicial review proceedings in the High Court here to challenge the Internal Revenue Board (IRB) action to impose additional tax assessments totaling RM3.6 billion between 2010 and 2017.
Attorney S. Saravana Kumar informed the court that IRB did not object to the request and agreed that the company would be given permission to initiate a request for judicial review through a draft consent order provided by the company.
“The draft consent order was prepared by us and to save time in court, all parties have reached a solution with the defendant (IRB) by agreeing to give the applicant permission to continue with the case,” said the attorney.
Judge Datuk Ahmad Kamal Md Shahid later registered the consent order, but the court has not set a date for the judicial review hearing.
In today’s proceedings, Saravana Kumar represented all of the applicants, namely Petronas and its subsidiary Petronas Carigali Sdn Bhd together with Sapura OMV Upstream (PM) Inc, and Tembungo Sub Block PSC, while deputy attorney Dr. Hazlina Hussain represented the CEO of Inland Revenue as the defendant.
In July this year, Petronas and its subsidiary Petronas Carigali with Sapura OMV and Tembungo Sub Block PSC filed three requests for judicial review against the IRB alleging that the IRB’s action was “ultra vires, illegal, void, in excess of authority and irrational by making the additional tax assessments totaling RM3.6 billion ”.
Petronas alleged that the IRB had violated Section 15 (1) of the Petroleum (Income Tax) Act of 1967 (PITA).
The national oil company also alleged that IRB had misinterpreted Section 72 (1) (a) of PITA, which amounts to accusing Petronas of tax evasion. – Called
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