KUALA LUMPUR (March 21): The Attorney General's Chambers (AGC) has applied to strike out the government, along with Prime Minister Datuk Seri Anwar Ibrahim, as parties in Datuk Seri Mukhriz Mahathir's ongoing legal action over additional taxes and subsequent penalty of about RM5 million.

In the application seen by The Edge, the AGC asserts that the additional assessment notices for the years 2017 to 2019 issued to Mukhriz were in line with the Income Tax Act 1967 and concerned only the first respondent, the Inland Revenue Board (IRB).

In addition, the application filed on March 7 also seeks to strike out some paragraphs from Muhkriz's affidavit.

"There is no need to continue to maintain the naming of [Anwar and the government] along with the statement and/or such unfounded accusations stated in the Affidavit of Support.

"This action is clearly something humiliating, trivial, and troublesome, as well as an abuse of the court's process that is obviously unsustainable and should be struck out by the court," read the application.

This is in relation to the Parti Pejuang Tanah Air (Pejuang)'s chief's judicial review to quash the additional assessment notices. Earlier in January, the High Court had granted permission to hear the full merits of the case. A temporary stay from paying the sum was also granted.

The amount in dispute is an additional assessment of RM2.56 million for 2017, RM2.45 million for 2018, and RM16,826.37 for 2019.

Mukhriz filed the judicial review late last year, to nullify the additional assessment notices on the grounds that it was unlawful and unreasonable. He is also seeking an order that the penalty imposed was null and void.

The former Kedah menteri besar also contends that IRB had erred in its assessment by incorrectly treating certain unexplained expenses as part of his total additional income, leading to an improper tax liability.

Mukhriz, who is two-time prime minister Tun Dr Mahathir Mohamad's son, is also seeking court declarations against Anwar, alleging an abuse of authority which resulted in IRB issuing the additional assessment notice to him.

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