ISLAMABAD: The Supreme Court has dismissed a review petition of the federal government regarding the prime minister’s powers to levy or give exemption in taxes.
A three-member SC bench headed by Justice Saqib Nisar while taking up the review petition against the apex court’s judgment observed that the prime minister could not bypass the cabinet in the matter. Justice Saqib said that “the constitution does not allow the prime minister to take a solo flight, adding that only the federal government has the power to exempt or levy taxes.
The importers of cellular phones and textile goods had challenged the notifications before the Islamabad High Court that those were not in accordance with the Section 3 of the Sales Act. The high court, however, dismissed their petitions.
The federal government earlier had granted certain exemptions from sales tax, but subsequently, these exemptions were either withdrawn or tax rates modified vide notifications, which were issued under the provisions of Sales Tax Act, 1990.
Justice Saqib further said that nowhere was it written in the constitution that the prime minister or any minister or advisor is the federal government, adding that the Rules of Business 1973 could not be superior to the constitution.
The importers of cellular phones and textile goods had challenged the notifications before the Islamabad High Court, claiming those were not in accordance with the Section 3 of the Sales Tax Act. The high court, however, dismissed their petitions. The importers had filed appeals against the IHC verdict in the apex court, which had set it aside.
