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| November 20, 2001 | Tuesday | Ramazan 4, 1422 |
SC suspends SHC verdict on excise duty on loans
ISLAMABAD, Nov 19: The Supreme Court on Monday suspended operation of a judgment by Sindh High Court on the issue of excise duty on loans extended by the banks.
The bench comprised Chief Justice Irshad Hasan Khan, Justice Chaudhry Muhammad Arif and Justice Qazi Mohammad Farooq.
Wasim Sajjad appeared on behalf of the Federation and submitted before the court that since the present Attorney-General had been appearing in these cases in the Sindh High Court, he could not appear before the Supreme Court.
Mr Sajjad submitted before the court that if the judgment of the SHC was implemented the government would have to return billion of rupees collected from excise duty.
He said that in 1991, the government had levied excise duty on the loans extended to companies and individuals and it was discontinued in 1996.
NOTICES ISSUED: The Supreme Court on Monday issued notices to the Attorney-General on the issue of sales tax and custom duty on the import of goods meant for Azad Kashmir.
The bench comprised Justice Munir A Shaikh, Justice Rana Bhagwandas and Justice Abdul Hameed Dogar.
Senior Advocate Raja Akram submitted before the court that sales tax could not be imposed on the goods at the time of import and it could only be imposed when goods were sold in the market. He prayed that Section 3-1(b) of the Sales Tax Act be declared ultra vires.
Raja Akram raised another constitutional point stating that on an LC opened for Azad Kashmir, customs duty was being charged which was unlawful under the Customs Act. He said that Customs could only monitor that the goods intended for the AJK had reached there.
The court observed that since constitutional matters had arisen, the Attorney-General must appear before the court.
RANSOM CASE: The Supreme Court on Monday dismissed appeals of the Sindh Government against a judgment of the Sindh High Court (SHC) acquitting three accused in a kidnap for ransom case.
The bench comprised Justice Munir A Shaikh, Justice Rana Bhagwandas and Justice Abdul Hameed Dogar.
Additional Advocate-General of Sindh Salman Habibullah appeared on behalf of the Sindh Government. While Gulbahar Orai appeared on behalf of respondents.
Mr Orai said that the respondents were accused of kidnapping Shaikh Muhammad Ali, a businessman from Larkana and demanding Rs15 million as ransom. Later, the accused took Rs4 million and released him.
The trial court awarded death sentence to two and life imprisonment to one accused. They appealed before the SHC which set aside the punishment and released the accused. The Sindh government appealed against the decision of the SHC which was dismissed.—APP
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