SHC allows petitions on basis of order passed in identical petitions

KARACHI: A divisional bench of High Court of Sindh (SHC) comprising Justice Munib Akhtar and Justice Abdul Maalik Gaddi  allowed a number of appeals on the basis of  a common order  passed earlier in identical petitions.

The bench heard petition 4338 of 2012, 1751,2191, 2192, 3187, 3859 and 5360 of 2014 besides 6840 of 2015. Anwar Kashif Mumtaz, Ammar Athar Saeed, Usman Alam advocates represented the petitioners  while respondent were represented by Altaf Mun, AAG Saifullah, Syed Zain-ul-Abdin Shah, DC, Sindh Revenue Board (SRB).

The counsel for petitioner relied on the judgment in CP-D 3184 of 2014 and said that as their petitions are identical to the above petition, their pleas may also be disposed of in same terms. The bench after detailed arguments allowed the petitions in terms of judgment in CP-D 3184 of 2014.

The issue involved was of the levy and collection of Sales Tax on Services levied under Sindh Sales Tax on Services Act 2011. The SHC in the judgment cited above has declared that after 18th Amendment to the Constitution of Pakistan 1973, levy of taxes is exclusive legislative power  or sole prerogative of the province concerned.

It however made a distinction in respect of shipping agents and held that shipping agents can be taxed only by the federal government and not by province of Sindh.

The bench has already suspended the operation of the judgment allowing time to the parties for filing an appeal. An appeal has been filed before the Supreme Court of Pakistan and pending a decision.

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