Setting aside PHC orders, SC rules ex-FATA industries exempted from ST till June 2024

ISLAMABAD: The Supreme Court (SC) of Pakistan on Wednesday declared the imposition of sales tax on Ghee and Steel industries in erstwhile Fata/Pata as ‘unconstitutional,’ ruling that they enjoy total amnesty from sales tax until June 30, 2024.

A four-member SC bench, headed by Justice Syed Mansoor Ali Shah, on Wednesday heard the petitions filed by industries in erstwhile, Federally Administered Tribal Areas (Fata)/Provincially Administered Tribal Areas (PATA).

During the hearing, Shumail Ahmad Butt, the counsel for the petitioner, argued that no intelligible differentia could be established to discriminate these two sectors. Not only these two sectors were singled out but they are put at a loss vis-a-vis their competitors in settled areas, he added.

The bench agreed with the counsel and allowed appeals filed by the industry.

The SC bench annulled the Peshawar High Court’s (PHC) decision – which upheld the imposition of tax, terming entries 151 and 152 of the 6th Schedule to Sales Tax Act whereby tax was imposed on steel and ghee industries was ultra vires the Constitution and based on discrimination.

SC fines man for delaying Mahr payment to wife

On the other hand, the Supreme Court of Pakistan on Wednesday imposed a fine of Rs100,000 on a man for delaying the payment of Mahr to his wife. The court also declared that the husband is obliged to pay the Mahr whenever the wife demands it.

The verdict was given on a petition filed by a woman named Samina, who had sought the court’s intervention after her husband, Khalid Parvez, failed to pay her the agreed-upon dowry amount. The court, in its judgment, noted that Parvez had unnecessarily delayed the payment of dowry for six years, causing mental anguish and hardship to his wife.

In its decision, the SC emphasized that dowry is a Shariah requirement and is protected under the laws of Pakistan. The court also clarified that if the time of dowry payment is not specified in the marriage contract, the wife can demand it at any time.

 

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