The Kuala Lumpur High Court today fixed Dec 13 to hear Rosmah Mansor's application to strike out 12 money laundering charges involving RM7,097,750 and five counts of failure to declare her income to the Inland Revenue Board.
Judge K Muniandy set the date during the case management today after lawyer Firoz Hussein Ahmad Jamaluddin, representing Rosmah, informed the court that his client filed the application yesterday.
Rosmah, who is the wife of former prime minister Najib Razak, filed the notice of motion to be acquitted and discharged of all 17 charges against her on Oct 4, 2020.
In the supporting affidavit, Rosmah claimed that all the charges against her are baseless and defective and that she did not disclose any offence under the law.
"All the charges are basically based on the fact that I allegedly failed to file the income tax return required under Section 77 (1) of the Income Tax Act 1967 (Act 53), which is contrary to Section 112 of the Income Tax Act, 1967.
"At the material time, the IRB director general has never submitted to me any assessment, request, or demand as provided under the Income Tax Act, which makes the amounts chargeable," she said.
Rosmah claimed that only the Special Commissioners of Income Tax (SCIT) have the right to decide whether the amount is taxable and not the courts.
"If the criminal court should proceed to make any such determination, it will be usurping SCIT's function.
I have a substantive and constitutional right to be treated fairly, and I have a substantive legal right under Part VI of the Income Tax Act to submit an appeal against any assessment made by the IRB, which is clearly denied to me in this case," she said.
She allegedly committed the offences at Affin Bank Berhad, Bangunan Getah Asli branch, Jalan Ampang, Kuala Lumpur, between Dec 4, 2013 and June 8, 2017, and at LHDN Kompleks Bangunan Kerajaan, Jalan Tuanku Abdul Halim, Kuala Lumpur, between May 1, 2014 and May 1, 2018.
The trial of the case started on Aug 24, and two witnesses have testified.