COLLECTOR OF SALES TAX, LAHORE and others vs HASEEB WAQAS SUGAR
This matter arises from a petition filed by the Collector of Sales Tax, Lahore against Haseeb Waqas Sugar. The core legal question involves the determination of sales tax liabilities and the appropriate procedure for revisiting identical issues previously addressed by the apex court. The Supreme Court of Pakistan, following a consistent precedent and the stance of the learned counsel, converted the petition into an appeal and allowed it. The court set aside the impugned judgment of the High Court and remanded the case back to the relevant Collector of Sales Tax for a fresh disposal after affording an opportunity of hearing to the respondents. The key principle laid down is that remanded matters must be decided independently by the competent authority on both factual and legal aspects without being influenced by the set-aside judgments, ensuring expeditious resolution within the stipulated timeframe.
- Whether an identical issue adjudicated in previous appeals warrants the remand of pending sales tax cases to the competent authority?
- Can the Supreme Court convert a petition into an appeal and set aside the impugned judgment based on the consent of the parties' counsel?
- Whether a remanded matter to the Collector of Sales Tax must be decided independently without influence from the set-aside judgments?
ORDER
IFTIKHAR MUHAMMAD CHAUDHARY, C.J.,---Learned counsel for the parties stated that this Court vide judgment, dated 18-4-2006 passed in Civil Appeals No, 629 of 2002 etc. To examine the identical issue, remanded a number of cases to the concerned Collector of Sales Tax, therefore on setting aside the impugned judgment, the same order be passed in the instant petition as well.
2. We have gone through the earlier order, relevant para therefrom is reproduced here in below:- "Thus for foregoing reasons and in view of the consent given by the respondents' learned counsel C.P. No,3733-L of 2002 is converted into appeal and all the appeals are allowed, impugned judgments in the listed appeals are set aside, cases are sent back to the relevant concerned Collectors of Sales Tax for the purpose of disposal of the matter of the respondents after providing them opportunity of hearing. "Needless to 'observe that both the questions factual and legal shall be available to both the parties before the Collector and the Judgments of the High Court, which are being set aside, will not influence the Collectors of Sales Tax in any manner and the decision shall be taken independently. The Collectors Sales Tax shall dispose of the matter expeditiously as far as possible within a period of eight weeks. Parties are left to bear their own costs."
3. In view of the earlier decision noted hereinabove, the petition is converted into appeal and allowed, the impugned judgment is set aside and the case in remanded to the Collector of Sales Tax for disposal in above terms, leaving the parties to bear their own costs.