Senior federal counsel Maisarah Juhari told reporters that this followed a decision made in chambers by judicial commissioner Roslan Abu Bakar in allowing the application by the Customs Department and the finance ministry to strike out the suit by Asia Kitchen Sdn Bhd.
Maisarah, who appeared on behalf of the Customs Department and the finance ministry, said the company was also ordered to pay cost of RM10,000 to both defendants.
Meanwhile, lawyer Rahmah Rahmat, who represented Asia Kitchen, said she would get instructions from her client on whether to appeal against the decision.
The Customs Department and the finance ministry had applied to strike out the suit on grounds that the matter could not be decided by the court as it concerned government policy.
Asia Kitchen filed the suit on June 17, 2016, seeking a court order for the Customs Department and the finance ministry to provide grounds or justification for imposing GST on dried dates.
The company claimed that the action by the defendants was a form of injustice and victimisation which burdened not only the plaintiff, but also other parties in having to bear the high-living cost.
It sought an order for basic products and services to be exempted from GST, including dried dates, which is “sunnah” (practice by Prophet Muhammad) for Muslims.
The company also sought an order for a review of the third edition of the lists on fruits and vegetables, taxable and non-taxable goods, and dried dates to exempted from GST.