Karachi, February 20, 2025 – The Sindh High Court (SHC) has rejected petitions seeking interim relief against the imposition of the Windfall Income Tax, upholding the legal standing of the controversial levy.
(more…)Tag: Sindh High Court
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Lower Courts Erode Judicial Integrity in Pakistan
The recent order issued by the Court of Senior Civil Judge Karachi (Central), XI in Case No. 521 of 2018 has raised serious concerns, calling for close examination by both the superior judiciary and Sharia scholars. The ruling’s blatant disregard for fundamental principles of justice is contributing to the erosion of judicial integrity in Pakistan.
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SHC Upholds FBR’s Transfer Orders: IRS Officers’ Plea Rejected
Karachi, August 10, 2024 – The Sindh High Court (SHC) has delivered a significant ruling by dismissing the petition of 12 senior officials from the Inland Revenue Service (IRS), who had challenged their recent transfers to the Federal Board of Revenue’s (FBR) administrative pool.
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Sindh High Court Grants Interim Relief in Section 7E of Income Tax Ordinance
KARACHI, October 30, 2023 — In a significant development concerning income tax regulations in Pakistan, the Sindh High Court (SHC) has granted interim relief in a case related to deemed income under Section 7E of the Income Tax Ordinance, 2001.
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TRG directors get court stay against warrants
KARACHI: TRG Pakistan Limited on Thursday said that Sindh High Court has passed an order on February 22, 2023 suspending, for the time being, the operation of bailable warrants issued by the district and sessions court against its directors.
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K-Electric files suit against former member seeking Rs5 billion damages
KARACHI: K-Electric has filed a suit before Sindh High Court against a former member of Board of Directors demanding Rs5 billion as damages.
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Sindh High Court stops tax recovery against SSGC
KARACHI: Sindh High Court has suspended tax recovery notices issued against Sui Southern Gas Company Limited, according to a communication sent to the Pakistan Stock Exchange (PSX) on Friday.
The gas utility clarified reports regarding action of the Large Taxpayers Office (LTO) Karachi for making recovery by attachment of bank accounts.
READ MORE: FBR freezes SSGC’s bank accounts for tax recovery
SSGC said that LTO Karachi had issued notice of recovery of sales tax to banks regarding SSGC without following the legal process and waiting for decision of an independent forum i.e. Appellate Tribunal.
“Demand was raised on irrational and unreasonable grounds of treating swapping of indigenous gas against RLNG to SNGPL as sales income,” the gas utility said.
It said that against the said recovery notice, SSGC filed constitutional petition before Sindh High Court and the SHC suspended the recovery notice of LTO Karachi through an Order dated February 23, 2022 being devoid of legal merits and directed SSGC to pursue matter before the Appellate Tribunal.
The LTO Karachi on February 23, 2021 issued a press release stating that it had frozen bank accounts of SSGC due to its default of sales tax amount to the tune of Rs23 billion. The default amount of sales tax was also confirmed by the Commissioner Inland Revenue (Appeals).
The SSGC in its latest communication said that the LTO Karachi had withdrawn such recovery notices.
The LTO Karachi in an official note dated February 24, 2022 sent to banks stated: “… for the recovery of sales tax outstanding demand of Rs23.65 billion through bank attachment issued/served in respect of M/s. Suit Southern Gas Company Limited is hereby withdrawn with immediate effect.”
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Court committee for ban on crypto currency in Pakistan
KARACHI: A committee set up by a higher court of Pakistan has recommended complete ban on activities of cryptocurrencies in the country.
The Sindh High Court in a petition constituted a committee on 20th October, 2021 for submitting recommendation on regulating cryptocurrencies in Pakistan. The petition was filed before the higher court seeking regulatory environment for the digital currency in the country.
READ MORE: FIA probes Binance in mega crypto scam
The committee submitted its recommendations on Wednesday January 12, 2022. According to the committee, the only use of crypto currency in Pakistan seems to be speculative in nature where people are being enticed to invest in such coins for the purpose of short-term capital gains. The committee further noted that this may result in the flight of precious foreign exchange as well as transfer of illicit funds from the country.
READ MORE: Cryptocurrency, best performing assets in Pakistan
The court committee further recommended that exchanges like Binance, OctaFX etc. should be banned for their unauthorized operations in the country and proportionate and dissuasive penalties be imposed by the federal government as some other countries have done.
READ MORE: FPCCI suggests regulating cryptocurrencies in Pakistan
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Apex court suspends order in tax notices to overseas assets
The apex court of Pakistan has suspended the order of the higher court related to tax notices to Pakistanis for their overseas assets.
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SHC dismisses petition challenging SRB show cause
KARACHI: Sindh High Court (SHC) has dismissed a petition filed by Hum Network Limited for a grant of relief against a show cause issued by the Sindh Revenue Board (SRB).
A division bench of the SHC in a case C.P.No.D-3735 of 2016, observed: “We are of the considered view that instant petition is misconceived and not maintainable for having been filed on mere issuance of show casue notice, which prime facie does not suffer from any jurisdictional defect or patent illegality, whereas, the objections raised by the petitioner through instant petition can be agitated before the statutory forums while submitting the response/reply to the impugned show cause notice in accordance with law.”
Accordingly, the petition has been dismissed. The bench has also made reference to its short order issued on February 12, 2019, in the following terms:
“For reasons to be recorded later, the instant petition is dismissed along with the listed application for being not maintainable. The petitioner may, however, be at liberty to raise all such legal and factual grounds before the respondent, including the ground of jurisdiction, which shall be considered and decided by the respondents strictly in accordance with law, whereas, an opportunity of being heard shall be provided to the petitioner before passing any adverse order against the petitioner.”
Hum Tv Network, the petitioner, is a public limited company operating satellite TV channels engaged in the business of production, advertisement, entertained and media marketing, had challenged a show cause notice issued by an official of the SRB before the SHC on the ground that the same was malafide, illegal and was issued without jurisdiction and lawful authority.
The show cause notice was issued by the official of the SRB under Section 23(2) read with Section 23(1A) of the Sindh Sales Tax on Services Act, 2011 for the periods from July 2011 to June 2012, July 2012 to June 2013, July 2013 to June 2014 and July 2014 to June 2015.
The petitioner prayed that the show cause notice was issued without jurisdiction and lawful authority, as the notice issuing officer belonged to Unit-21 Commissioner-IV, had not jurisdiction over the case as the authority over ‘Withholding of Sindh Sales Tax Act’ was with the Assistant Commissioner (unit-22).
The petitioner had also raised objection that in absence of any audit proceedings or inquiry pending against a registered persons, impugned notice cannot be issued.
The counsel for the respondents (SRB) argued that the constitutional petition was not maintainable against Show Cause Notice as the same had not suffer from any jurisdictional defect or patent illegality.
The SHC was informed that the petitioner had been given plenty of time on request of extension for reply. But the petitioner instead giving reply preferred to approach the court.