LIM Guan Eng has accused Bersatu Youth chief Wan Ahmad Fayhsal Wan Ahmad Kamal of committing a criminal offence in lodging a “false police report” against Prime Minister Anwar Ibrahim and Lim.

Wan Fayhsal yesterday filed a police report against the DAP chairman and prime minister over Albukhary Foundation’s tax exemption status.

Lim, who is also Bagan MP, said Wan Fayhsal had not only committed a criminal offence by lodging a false report, but also disrespected parliament by bringing police into parliamentary proceedings.

“Lodging a false report is a criminal offence under section 182 of the penal code,” he said.

Lim said Anwar was not lying when he said Finance Ministry records show that when Lim held the portfolio from May 2018 to February 2020, he did not revoke the tax-exempt status of Albukhary Foundation.

“This is supported by the failure of Muhyiddin to show proof or produce such a revocation letter from me when I was finance minister.”

Lim also said Anwar was correct in saying the power to revoke a tax-exempt status lies with the Inland Revenue Board director-general, not the prime minister or finance minister. 

On Wan Fayhsal citing section 44(6B) of the Income Tax Act 1967 as evidence that what Anwar said is wrong, Lim said this shows Wan Fayhsal’s ignorance and lack of knowledge about economic, financial and taxation matters.

Section 44(6B), Lim said, refers to appeals to the minister, and does not cover the minister initiating revocations of a body’s tax-exempt status.

“I did not see the file of Albukhary Foundation when I was finance minister and was (therefore) in no position to decide on any appeal since none was made by Albukhary Foundation to me.

“Clearly there was no revocation of Albukhary Foundation’s tax-exempt status when I was finance minister.”

That, Lim said, raised the question on whether there was any revocation at all of Albukhary Foundation tax-exempt status, as claimed by Muhyiddin.

“If there was such a revocation, then it can only have been done during Muhyiddin’s tenure as prime minister,” Lim said.

He said Wan Fayhsal should persuade Muhyiddin to show letters of revocation to the Albukhary Foundation.

“If Muhyiddin fails to do so, then both Muhyiddin and Wan Fayhsal are making an empty claim.”

In asking police to investigate the prime minister for misleading the Dewan Rakyat over the issue, Lim lambasted Wan Fayhsal, saying he “clearly does not respect nor understand the principle of the supremacy of parliament in our federal constitution”.

In his police report yesterday, Wan Fayhsal claimed the prime minister “confused and misled the Dewan Rakyat” by supporting Lim’s contention that the latter did not revoke the foundation’s tax-exempt status.

“The police or any branch of government has no authority to intrude or investigate matters discussed in parliament.

“Parliamentary matters can only be decided by parliament, and for an MP to do otherwise shows he is unqualified to be a member of the Dewan Rakyat.”

Lim has initiated criminal and civil action against Muhyiddin “for his lies”. – March 25, 2023.