PHC stays recovery of Rs1.4bn income tax from energy organisation

Published
0

PESHAWAR: A single-member Peshawar High Court bench has issued a stay order stopping the Federal Board of Revenue and its regional tax office from collecting around Rs1.42 billion from the Pakhtunkhwa Energy Development Organisation on account of income tax imposed on power generation units owned by it.

Justice Syed Arshad Ali issued the order while hearing two separate sales tax references filed by Pedo against the issuance of notices by the FBR for recovery of the impugned tax at source for years 2011, 2012 and 2013. The bench issued notices to the respondents, including FBR chairman and Regional Tax Office Peshawar’s chief commissioner (inland revenue) and additional commissioner (inland revenue), to respond to the petitions.

Shumail Ahmad Butt, lawyer for Pedo, said the organisation was accountable to the provincial government and had been running various power projects owned by the provincial government mostly located in the Provincially Administered Tribal Areas (Pata). He said the biggest power station was Malakand-III, which was situated in Malakand, while Reshun and Shishi were located in Chitral.

The lawyer said the Income Tax Ordinance and Sales tax Act were not so far extended to Pata in terms of Article 247 of the Constitution. He added that under the Constitution, the governor of the province with the prior approval of the country’s president could order extension of a law to Pata.

Pedo insists IT ordinance, sales tax law don’t apply to its power units for being located in Pata

Mr Butt said the petitioner had filed last year a petition against the levy of income tax on power generation units situated in Pata. He said the high court had disposed of that petition observing that it was not maintainable as the petitioner had the remedy available to file an appeal before the commissioner Inland Revenue (appeal) before approaching the high court.

The lawyer said the Pedo had filed appeals before the commissioner (appeal), which were rejected.

He said the Pedo had approached the appellate tribunal (inland revenue), which had also rejected the Pedo’s plea.

The lawyer said against the said decisions, the Pedo had filed the instant tax references over question of law and constitution.

He said the notices and tax assessment orders were issued by the Peshawar additional commissioner (inland revenue), while completely ignoring the constitutional position of non-applicability of the two tax laws in Pata.

The lawyer said earlier, the high court had given judgments in different writ petitions on the same point and had ruled that the said two laws were not applicable to Pata and thus taxes could not be imposed under it.

He said recently, the Supreme Court had upheld the high court’s judgments. Mr Butt said the FBR had issued notices to the concerned banks and companies for at source deduction of the controversial tax. He added that the FBR had sent a notice to the Central Power Purchase Agency directing it to release to FBR an amount of Rs100 million which it had to pay to the Pedo on account of purchase of power generated by the hydel units of the province.

Published in Dawn, December 29th, 2017

Opinion

Editorial

Fixing bond markets
Updated 01 Oct, 2026

Fixing bond markets

Pension funds, insurance companies, mutual funds, retail investors, and eventually, foreign investors must become bigger participants in the market.
Call centre rackets
01 Oct, 2026

Call centre rackets

A NUMBER of recent raids conducted by the authorities in different cities point to the growing threat fraudulent ...
Homeward bound
01 Oct, 2026

Homeward bound

FIVE months after Somali pirates captured an oil tanker carrying a 19-member multinational crew, Somali maritime...
Kashmir unresolved
Updated 30 Sep, 2026

Kashmir unresolved

The just solution lies in India addressing the issue through a trilateral dialogue involving the legitimate representatives of the Kashmiri people and Pakistan.
Water shortage
30 Sep, 2026

Water shortage

THAT the country is entering the Rabi season with an anticipated water shortage of nearly 25pc, the lowest carryover...
Young hearts
30 Sep, 2026

Young hearts

THE observance may have passed, but the message of World Heart Day should not fade with it. The occasion is a useful...