SC says companies must pay their due share of super tax

Five-member CB of the SC resumes hearing of petitions concerning imposition of super tax

ISLAMABAD:

Justice Muhammad Ali Mazhar of the Supreme Court has remarked that the amount specified under the super tax is clearly stated and that companies must pay their due share of tax.

On Thursday, a five-member constitutional bench (CB) of the SC headed by Justice Amin-ud-Din Khan resumed hearing of petitions concerning the imposition of the super tax.

Lawyer Dr Farogh Naseem, representing several companies, concluded his arguments. Justice Jamal Khan Mandokhail, addressing Dr Naseem, asked if he contended that there should be no discrimination against anyone.

Aziz Nishtar, counsel for the Pakistan Tobacco Company, and Ijaz Ahmed, counsel for a private firm, later began their arguments.

Advocate Nishtar argued that the state has failed to provide a conducive business environment, and the super tax has been imposed as a punishment on investors. "Even though I have no profit, I am still being made to pay tax," he said.

Justice Mazhar asked if the tax net should not be broadened to create a conducive environment for business.

Advocate Ijaz Ahmed argued that the Finance Bill was passed without fulfilling the requirements of Article 73 of the Constitution, and that the government imposed the super tax without any policy statement.

Justice Amin-ud-Din Khan remarked that whenever the government faces a financial need, it simply imposes a super tax. The CB will resume hearing the case today.