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Over RM900,000 penalty, fine for failure to declare revenue
Published on: Friday, November 24, 2023
By: Lagatah Toyos
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Over RM900,000 penalty, fine for failure to declare revenue
He was charged under Section 112(1A) of the Income Tax Act 1967, which carries a fine of between RM10,000 and RM20,000, or maximum imprisonment of six months, or both, and a special penalty of three times the tax owed. 
TAWAU: An oil palm fruit transport company director was fined RM10,000 and subjected to a special penalty of RM899,657.64 by the Magistrate’s Court here, Thursday, for failure to declare the company’s revenue for three years.

Magistrate Dayang Aidaku Amira Aminuddin meted out the sentence to Chu Chen Yiap, 38, after he pleaded guilty to the charge against him. 

Chu, a director of Indah Dutamas Sdn Bhd (IDSB), failed to submit a statement in Form C to the Inland Revenue Board (IRB) for the assessment years 2017, 2018 and 2021 for a taxable revenue of RM1,628,090, for which the tax due was RM299,885.88.

He was charged under Section 112(1A) of the Income Tax Act 1967, which carries a fine of between RM10,000 and RM20,000, or maximum imprisonment of six months, or both, and a special penalty of three times the tax owed. 

Dayang Aidaku ordered Chu to spend three months in prison if he failed to pay the fine. However, he settled the fine. 

She also ordered Chu to pay the special penalty to IRB and submit the income tax declaration Form C within 30 days from Thursday.  

During mitigation, Chu asked for a light sentence, saying his business was not doing well and that he has a family to look after.

Prosecuting officers Mohd Arif Hermansah and Mohd Kamarulzaman Mohd Noor from IRB requested the court to impose a deterrent sentence, saying it was a serious offence, and to give awareness not only for Chu but the public at large to not commit the offence.

“Tax collection is very important for the development of the country, and it was an injustice for other taxpayers if Chu did not fulfil his responsibility to pay taxes.” 

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