SHAH ALAM – Two days after a charge on GST (Goods and Services Tax) violation was dropped on her company, the owner of Bendang Afwa Enterprise who operates a restaurant in Setia Alam was charged in the Sessions Court here Friday in her individual capacity with violating the Goods and Services Act (GST) Act 2014.
Farah Jamiah Fikri, 35, however, pleaded not guilty when the charge was read out to her before judge Ahmad Azhari Abdul Hamid.
Ahmad Azhari also dismissed a preliminary objection on the charge by her counsel Collin Arvind Andrew.
Farah Jamiah as a person registered under the Act for providing supplies subject to the GST, is alleged to have issued an invoice which did not contain details as required under Section 22, GST Regulations 2014 at Restoran Bendang with its address at 47-G, 47-1, 47-2, Jalan Setia Indah X, U13/X, Setia Alam, Seksyen U13 here at 2.06 pm on April 14.
She was charged under Section 33 (2)(b) of the GST Act and punishable under Section 96 of the same Act, which provides for a maximum fine of RM30,000 or up to two years jail or both, if convicted.
Ahmad Azhari fixed June 22 for re-mention after the defence informed the court that they would be filing an application to the High Court to have the charge against Farah Jamiah quashed.
The court allowed bail at RM5,000 in one surety.
Earlier, Collin had urged the court to grant his client a discharge not amounting to acquittal on the grounds that the charge was groundless.
Deputy public prosecutor Datuk Raja Rozela Raja Toran however contended that the charge had basis because she and her company (charged two days ago) were not one and the same.
“Farah Jamiah and Bendang Afwa Enterprise are two different parties. On the issue of double jeopardy following the defendant being acquitted an discharged in the other case, our argument is that the charge was not read out and did not undergo any hearing whatsoever. As such, there is no issue of prejudice or double jeopardy against the defendant in the charge today,” she said.
On Wednesday (May 6), the same court had acquitted and discharged Syarikat Bendang Afwa Enterprise which was represented by Farah Jamiah, from the GST charge after the prosecution withdrew its case against the company. – BERNAMA