Islamabad:
During the hearing of a tax case, the chief of the constitutional bench of the Supreme Court (CB) observed that the CB wanted to quickly conclude the case given the crucial hearings on the petitions contesting the 26th constitutional amendment.
“The bench wants to conclude the case as soon as possible, because the hearings of the 26th constitutional amendment should begin on October 7,” said Judge Aminuddin Khan on Tuesday. Judge Khan directed hearing petitions of five members deposited against the taxation of a super tax.
In October of last year, the power coalition bulldozer on the 26th constitutional amendment by parliament in the midst of opposition demonstrations.
The amendment has introduced radical changes to the judiciary, in particular the creation of CBS in the higher courts, an increase in the number of SC judges and modifications to the procedure for the appointment of the chief judge of Pakistan.
Several petitions were then deposited in the SC contesting the amendment, the petitioners arguing that it aimed to undermine judicial independence. Interestingly, petitions were not listed for having heard for almost a year and will now be taken up by a CB formed under the same amendment.
During Tuesday’s hearing on the tax case, the company’s lawyer, Shehzad Ata Elahi, concluded his arguments. He argued that taxes should not be those applied in the ordinary course.
Judge Muhammad Ali Mazhar asked questions about the structure of the finance bill, noting that it applies to the coming exercise and not retrospectively.
Elahi argued that companies were ready to pay all taxes but asked for the certainty. “We must not go to bed at night and wake up with a new tax imposed the next morning. The aim of promulgating a law is to solve an existing problem,” he said.
Judge Mazhar observed that this problem arises each year, with new elements overflowing each time.
The lawyer also argued that if a tax of 30% had been imposed on companies, no sample of this type had been applied to non-company, citing a relevant decision of the Sindh High Court.
After the submissions of Elahi, Judge Aminuddin Khan asked who would then argue. At this stage, Salman Akram Raja approached the rostrum and said he would not take more than an hour.
Judge Khan pointed out that the bench had been informed that Raja would adopt the arguments of Makhdomo Ali Khan. Raja said there was a specific point on which he wanted to discuss. Khan suggested that he present his arguments tomorrow before the break, after which Férogh Naseem could start.
Raja, however, informed the bench that he would not be available the next day and asked for an hour the next day to conclude his arguments. The audience will resume today (Wednesday).
