KARACHI: An appellate bench of High Court of Sindh (SHC) comprising Justice Aqeel Ahmed Abbasi and Justice Abdul Malik Gaddi on Thursday heard a petition challenging vires of Finance Act imposing super tax.
The tax was levied in the year 2016 on businesses etc having a turn-over of more than Rs 50 million.
About 50 petitions are being heard by the bench which after hearing arguments from petitioners side deferred further proceedings till March 07 treating the petitions as “part heard”.[the_ad id=”32940″]The petitioners maintained that the tax cannot be imposed under the Finance Act.
Different industries and individuals had assailed the move pleading that super tax was not a tax and could not be levied through a money bill by the parliament and consequently its imposition through the Finance Act was ultra vires and unconstitutional.
The lawyers of the petitioners argued that even if it was deemed that super tax could have been imposed through the Finance Act, the said levy was in the nature of double taxation and ought to be struck down on that account as beyond power of the legislature.
The super tax was imposed for the rehabilitation of temporarily displaced persons for the tax year 2015 (initially) which was by way of Finance Act extended to 2018-19.