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Initializing Secure Chambers
Petitioner: Messrs HASHOO STEEL INDUSTRIES LTD. VS Respondent: GOVERNMENT OF PAKISTAN through Secretary, Ministry of Finance and Economic Affairs and 3 others
Court Name: Sindh High Court Judge(s): Khilji Arif Hussain, Sabihuddin Ahmed Title:Messrs HASHOO STEEL INDUSTRIES LTD. vs GOVERNMENT OF PAKISTAN
through Secretary, Ministry of Finance and Economic Affairs and 3 others Case No.: Constitution Petition No. D-807 of 1991, Date of Judgment:2004-09-23 Reported As: 2005 PTD 742 Result: Order accordingly Judgment ORDER The petitioners have questioned the imposition of sales tax on `were rods' manufactured by them at the rate of 12 1/2% ad valorum on the ground of being discriminatory and arbitrary as other product of iron and steel fallen in the same classification are liable to fixed sales tax at Rs.175 per metric ton. The fee as to the rate of sales tax charges was not seriously contested in view of an unreported decision of a Division Bench of this Court in Al-Abbas Steel (Pvt.) Ltd. v. Federation of Pakistan (C.P. No.D-155 of 1993), dated 18-3-2003. However, relying upon the same judgment Raja Muhammad Iqbal, learned counsel for the respondents argued that the sales tax was an indirect tax and the petitioner could not claim refund unless it was proved that the burden of tax had not been passed on to the consumer. This admittedly is a question of fact, which could not appropriately be decided in these proceedings. For the A foregoing reasons we would allow the petition to the extent to holding that the product manufactured by the petitioner is liable to sales tax at the rate of Rs.175 per metric ton. Nevertheless the petitioner could only seek refund of the amount already paid upon proof of the fact that the burden of tax had not passed on to the consumer before the competent authority. Let this exercise be completed within three months. The question of withdrawal of the amounts deposited in this Court may be considered upon a separate application being preferred.