FORMER prime minister Thaksin Shinawatra today (August 8) won a case against the Revenue Department with the Central Tax Court ordering the revocation of assessed collection of 17 billion baht tax over the sale of Shin Corp shares, Matichon newspaper said.
Thaksin’s lawsuit was against the Revenue Department, Mr. Pongsak Methapipat, the department’s director-general and its representative, Mr. Prapas Sanansil, a representative of the Office of the Attorney General, and Mr. Pisit Srivaranan, a representative of the Department of Provincial Administration in his capacity as Appeal Committee member.
The court ruled that the issuance of summons for Mr. Panthongtae Shinawatra, Thaksin’s son, and Ms. Pintongta Shinawatra, his daughter, as Shin Corp’s representatives was unlawful because the plaintiff had to be directly assessed.
Moreover the tax officials did not issue summons for the plaintiff within the time limit.
As a result of their legal action transfer of shares did not take place and it is considered that the plaintiff was the owner of Shin Corp. shares worth 73 billion baht that were sold to Temasek in 2006. Earlier the court had ruled that Thaksin owned the shares even though his children were the nominees.
As the plaintiff is not a person with assessable income under both Section 39 and Section 40 (2) of the Revenue Code the upholding of this assessment is also unlawful.
It was reported that this case is still within the timeframe to file an appeal but it did not appear that any party had done so.
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Former prime minister Thaksin Shinawatra. Top photo: NDTV, Front Page photo: BBC
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