KARACHI: The Sindh High Court (SHC) on Wednesday restrained the Sindh Revenue Board (SRB) from taking any adverse action against the Swiss Tower and A J Enterprises on an application over show cause notice for “Tariff Heading”.
A single judge comprising Justice Munib Akhter also directed “if any other is received a show cause notice under any of the Provision of Act, 2011, it will must respond to the same and join proceedings with regard to such show cause notice and not delay of frustrate the same.”
The Swiss Tower and A J Enterprises cited Government of Sindh secretary, Sindh Revenue Board chairman and deputy commissioner, and Association of Builders and Developers of Pakistan as respondents.
The petitioner submitted that SRB issued show cause notice on March 13, 2016 under “Tariff Heading” 9807.0000 and 9814.30000 as contained in the first schedule and second schedule, SRB contained that petitioners are a property developers or promoter; therefore liable to be taxed in terms of the act, and petitioners are liable to deposit a payment of Rs 3.615 million.
The petitioners argued that a large number of builders have challenged the ‘heading’ as being ultra vires the law. They apprehended the imposition of the financial demand of Rs 3,615,955; therefore the petitioners are seeking a judicial review of the proceedings to be initiated and be carried out by the SRB.
The counsel prayed to the SHC to declare the said notice as illegal, void and without lawful.
