ISLAMABAD: The opposition Senators have moved the Islamabad High Court (IHC) challenging substitution of term ‘federal government’ with ‘board’ in the Finance Bill 2017.
This term delegates all powers and functions of the federal government provided in the taxing statutes – to the Federal Board of Revenue (FBR).
Around 32 senators belonging to the Pakistan People’s Party, the Pakistan Tehreek-e-Insaf (PTI), the Awami National Party, the Jamat-e-Islami, the Muttahida Quomi Movement-Pakistan, the Pakistan Muslim League-Quaid and independent senators have filed the joint petition through their counsel Mohsin Kamal advocate.
The senators including Saleem Mandvviwalla, Aitzaz Ahsan, Shahi Syed, Kamil Ali Agha, Khalida Parveen and others have cited the Federation of Pakistan, the Secretary Cabinet Division, the Secretary Ministry of Law & Justice, the Secretary Ministry of Finance and the FBR chairman as respondents.
The petitioners have contended that they were elected senators and have the mandate to protect the rights of the federating units ensuring that devolution of subjects and powers takes place within the constitutional parameters.
They said that ministries of law and finance had introduced the Finance Bill 2017 in the National Assembly whereby it was proposed to amend the Customs Act 1969, Sales Tax 1990 and Federal Excise Act 2005.
The senators have raised two basic questions before the court. First, whether the substitution of the term ‘federal government’ with ‘board’ with the prior approval of the minister-in-charge was ultra vires of the Constitution and unlawful. Secondly, whether the federal minister and agency such as Ministry of Finance and the FBR can place continued reliance on the above amendment which was being inserted through the Money Bill/Finance Act?.
