Two company directors charged with failure to submit income statements

Both men failed to submit income statements over a number of years, in the hundreds of thousands of ringgit

Both accused are charged under Section 112(1A) of the Income Tax Act 1967, punishable by a fine of up to RM20,000 or imprisonment not exceeding six months or both, and liable to a special penalty of three times the sum of taxes owed. – Pixabay pic, October 25, 2023

JOHOR BAHRU – The Director of Narita Shipping & Transport Sdn Bhd pleaded not guilty at the magistrates court here today on a charge of failing to submit company income statements for two consecutive years of assessment. 

Lua Wen Shin, 41, was required under Section 77A(1) of the Income Tax Act 1967 to submit the logistic company’s statement of income through Form C for the assessment years 2020 to 2021 to the Inland Revenue Board (LHDN).

However, he failed to declare an income of RM1.57 million, which had a tax of RM376,826 and an income of RM741,676, of which RM178,002 was payable for the assessment year of 2021.

Meanwhile, in the same court, Syed Azhar Syed Sahat, 51, a construction company director pleaded not guilty to two charges for failing to submit personal income statements for five assessment years. 

Syed Azhar was required under Section 77(1)(b) of the Income Tax Act 1967 to submit the personal income statements through Form BE for the assessment years of 2016, 2018, 2019, 2020, and 2021 to LHDN.

For the first charge, Syed Azhar is accused of failing to declare a taxable income of RM74,862, for which a tax of RM6,621 was payable for the assessment year of 2016; and RM135,166 for which the tax was RM19,339 for the assessment year of 2018.

The second charge involved failing to declare a taxable income of RM251,175 with a payable tax of RM17,015.44 for the assessment year of 2020; and RM220,747 for which a tax of RM39,679 was owed for the assessment year of 2021.

Both the accused were charged under Section 112(1A) of the Income Tax Act 1967, which is punishable by a fine of up to RM20,000 or imprisonment not exceeding six months or both, and liable to a special penalty of three times the sum of taxes owed, upon conviction. 

Magistrate Nur Fatin Mohamad Farid set December 3 for Lua’s next case mention for the submission of documents, while Syed Azhar’s next case mention is November 28 for the appointment of his lawyer. 

LHDN Prosecution Officer Mohamad Norhalim Kamasan appeared for the prosecution, while lawyer W.T. Wong represented Lua and Syed Azhar was unrepresented. – October 25, 2023