Lawyer Wee Yeong Kang said the LHDN had filed a notice of discontinuance, which means the appeal will not proceed as scheduled before a Court of Appeal bench today.

“LHDN filed the notice of discontinuance yesterday, which resulted in the appeal being taken off the list,” he told FMT.

Wee also said the matter between LHDN and Nooryana had been resolved, but declined to elaborate.

LHDN senior revenue counsel Hazlina Hussain confirmed the decision not to proceed with the appeal.

The Shah Alam High Court had in August 2020 rejected the summary judgment application as an affidavit submitted by an officer did not verify the belief that there was no merit to her defence.

The court also found that the certificate submitted by the government as proof of the amount of tax due and payable was not signed by the LDHN director-general as required under Section 142 of the Income Tax Act 1967.

A summary judgment occurs when a court decides a case without hearing the testimony of witnesses.

Nooryana, Najib’s second child from his marriage to Rosmah Mansor, was named as a defendant in the suit filed by LHDN in July 2019 after she failed to submit individual income tax return forms for the assessment years of 2011 to 2017.

LHDN had sought RM10,335,292.36, plus interest on the sum at 5% per annum and other relief deemed fit by the court.

Meanwhile, in an Instagram post, Nooryana said she was thankful that LHDN had withdrawn its appeal.

She said LHDN had agreed that the dowry and financial support from her husband and the house her in-laws purchased for them using funds from abroad were not taxable.

“It never was and made no sense,” she said, and accused the former Pakatan Harapan government of trying to persecute members of Najib’s family through the LHDN.