Federal Minister for Finance Senator Ishaq Dar said on Saturday that the 1931 Act allowed the government to collect any increase in taxes, the General Sales Tax (GST) or customs duties immediately after the finance bill was presented to the National Assembly.
Speaking in the National Assembly, the finance minister said that tax collection has been enhanced immediately subsequent to the presentation of the bill before the house since 1947.
However, the minister told the opposition benches that the government was ready to amend the law if the opposition wanted to repeal it and change the practice. He reiterated that the collection of the proposed raise in the GST was a standard practice and was part of the law.
“This is also an international norm. This happens in Asia, and even India also does the same. Let us not play in the galleries for cheap political gains,” he added.
Law Minister Zahid Hamid read out the 1931 Act, stating that the law allowed the collection of levies and taxes on a provisional basis. He pointed out that the finance bill was accompanied by an attached document declaring that tax collection would start by June 13, and chastised opposition members for not reading the finance bill before criticising it.
Opposition parties, however, termed the move illegal and demanded an explanation from the government.
Earlier Pakistan Tehreek-e-Insaf’s deputy parliamentary leader, Shah Mahmood Qureshi, had said: “The finance minister should clarify why the raised tax collection has started from June 13 without the passage of the bill, while the finance bill states they would be collected by July 1. The house is yet to even debate the budget proposals. This tax collection is illegal and a violation of the constitution.”
Qureshi said that collection of increased taxes without the enactment of the finance bill into law was tantamount to usurping the authority of the parliament, and said that even the Supreme Court had taken notice of the matter. He said that the collection of tax on a ‘proposed’ finance bill was a violation of the law, which needed to be dealt with under the Constitution. He said that officers of the Federal Board of Revenue (FBR) had rendered the parliament meaningless, and it had now been proved that the FBR was a supra-parliamentary body.
In response, Dar pointed out that this practice was also carried out when Qureshi was part of the government as a minister, but Qureshi had never objected to it.
Sahibzada Tariqullah also spoke on a point of order and supported the objection raised by Qureshi. He said that collecting the increased GST without approval from parliament was illegal.
Shaikh Rashid Ahmed, on the other hand, observed that the government had had to retreat over its budget within only two weeks of being in power for the first time in history. He said that the government should review the raise in salaries for public sector employees, and stated that the raise should have been of at least 20% to 25%, in line with price hikes and inflation.
Published in The Express Tribune, June 16th, 2013.
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What an irony of facts when the people chant slogans of "change" but are not willing to pay taxes!
A Law is a Law ?
how can this man appeal to a law from 1931 made by our colonial masters and exploiters?
Declaration under the Provisional Collection of Taxes Act, 1931 has been used in nearly every budget in Pakistan in past 60 odd years. One can easily look up the past budgets.Even in 2011 and 2012 Declaration under the Provisional Collection of Taxes Act, 1931 was invoked Even in India declaration under Provisional Collection of Taxes Act, 1931 is invoked
CJ/SCP has issued notice and not passed judgement.
@frank: Why not??? A Law is a Law.
@Rafiq Khan: Really; The watch is Rs.42 crores. This man should "doop ke mar jaiye".
I am of the view that the Registrar of the SC must have the knowledge of the Provisionsl Cleection of Taxes Act, 1931 and also the Honorbales Judges must know it before taking Suo Motto.
how can this man appeal to a law from 1931 made by our colonial masters and exploiters?
A ten year old could have drafted this Budget. The easy way out , Tax the poor. The rich have a Ball of a time. No sense if you do not Tax the entire strata of Society who are in the Taxable limit. Why this discrimination. Are the Agriculturist & Industrialist untouchables. Make the Income Tax effective for all wef 2012-2013. Believe me there will be a surplus Budget. Why the less Excise Duty on luxury vehs & Hybrid cars. Couldn't solve the Energy crisis. Duds or part of the Oil Cartel. FBR consists of a bunch of thievies barring a few. Outsource the FBR, we shall get more Revenue. It will take me a day to solve the Circular Debt and let the wheels of Industry humming once again.
The Government is legally correct
If we have to follow the law of 1931,which was made and implemented by usurpers and plunderers of the era of Raj,then what is the use or need of this yearly hue and cry about budget presentation.If the 'law of '31' authorizes the government to collect whatever amount of levies and taxes it deems fit,then the government needs not give any explanations to the general public,or else it should listen to the grievances of the people and mend them
The third regime of Nawaz Sharif started wIth bad taste of budget for masses. There is no reliefs for businessmen and common people in Pakistan. During election campaign Nawaz Sharif was giving speeches and saying that Gharib Admi ka Pakistan mein bura haal hai or log khud kushiyan karne pe majboor hai. Yesterday you were the coaltion partners of the looters and again you came to the power and pushing the masses to the walls.
He is not parishan and restless after being P.M. for third time. During budget speech in Assembly the media has highlighted his wrist watch. This wrist watch is a leading brand and costliest watch its worth is USD 4.2 Million in Pak Rs.42 crores. The watch is costliest but hand is cheaper being a P.M. of Pakistan. Uppar wala haath neechey wale haath sey behtar hai. He is still having kashkol in his hands and welcoming the foreign aid.
Even it is law of 1931, but don't you have any morality..........????
Why stop at 25%? Whats wrong with 110%? I don't believe in mediocre insanity.