No one is above the law — Hafiz Hassan

JUNE 18 — Let it be known that the Director-General of the Inland Revenue has a number of powers to ensure compliance with the Income Tax Act 1967 , one of which is power of access to buildings and documents.

The warrant must identify the holder and his office and must be produced by the holder on demand to any person having reasonable grounds to make the demand. Where a warrant is produced, it must be presumed to be genuine and the person must be presumed to be the person referred to in the warrant.

In light of the divergent views of the parties and their disagreement as to whether the law relating to solicitor-client privilege was being ignored and under threat by the tax officer’s actions complained of, the Malaysian Bar brought the matter to court seeking several declarations on the issue. The DGIR appealed. By a unanimous decision, the Court of Appeal dismissed the appeal. The Court did not agree with the DGIR’s contention that clients’ accounts and information relating to them did not come within the purview of Section 126 of the EA.

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