Humayun Khan
PESHAWAR: A divisional bench comprising of Justice Attique Shah and Justice Arshad Ali forwarded writ petition to Chief Justice Peshawar High Court (PHC) for constitution of Larger Bench on imposition of income and sale taxes on ghee and steel industries in erstwhile Fata.
In the detail judgment PHC has declared that this court has jurisdiction to hear cases on law challenged at court in the writ petitions and forwarded the petition to Chief Justice for constituting Larger Bench in this regard.
The writ petition filed by Ishaq Ali Qazi Advocate stated that income and sale along with other taxes were imposed on ghee& steel industry after amendments made in Finance Act 2021 while erstwhile Fata exempted from various taxes due to deprivation faced by locals during insurgency for five years.
The writ further added that other industries are still exempted from taxes while taxes have been imposed on ghee and steel industry therefore PHC has approached for remedy.
However, PHC has informed that Additional Advocate General had produced Supreme Court of Pakistan judgment in another case that High Court cannot hears writ regarding varies of law while Ishaq Ali Qazi Advocate argued that if such petitions challenged before high court then it has jurisdiction to decide the matter and requested for constitution of Larger Bench on the issue.
In the details judgment declared that this bench did not agree with decision of another PHC’s bench and stated that High Court has jurisdiction to hear petition regarding varies of law while forwarded writ petition to Chief Justice for constitution of Larger Bench.
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