Section 23A
Default in furnishing return of profits
of Labuan Business Activity Tax Act 1990
Any person who makes default in furnishing a return of profits in accordance with section 5 or 10 in respect of any one year of assessment shall be guilty of an offence and shall, on conviction, be liable to a fine of not less than twenty thousand ringgit and not exceeding one million ringgit or to imprisonment for a term not exceeding three years or to both.
(2)
In any prosecution under subsection (1), the burden of proving that a return of profits has been made shall be upon the accused person.
(3)
Where a person has been convicted of an offence under subsection (1), the court may make a further order that the person shall comply with the relevant provision of this Act under which the offence
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has been committed within thirty days, or such other period as the court deems fit, from the date the order is made.
(4)
Where in relation to a year of assessment a person makes default in furnishing a return of profits in accordance with section 5 or 10 and no prosecution under subsection (1) has been instituted in relation to that default—
(a)
the Director General may require that person to pay a penalty equal to treble the amount of tax which, before any repayment under this Act, is payable for that year; and
(b)
if that person pays that penalty, or where the penalty is abated or remitted under subsection 24(5), so much, if any, of the penalty as has not been abated or remitted, he shall not be liable to be charged on the same facts with an offence under subsection (1).
(5)
The Director General may require any person to pay an additional amount of penalty in accordance with subsection (4) in respect of any additional tax which is payable by that person for a year of assessment.