Pakistan Case Law
2001 PTD 1789

Messrs SONIA SILK, 108-ANARKALI, LAHORE through Sheikh Wajih-ud-Din

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Citation2001 PTD 1789
CourtLahore High Court
Case No.Writ Petition No. 5136 of 2001
Date2001-04-06
Judge(s)Malik Muhammad Qayyum
ResultPetition accepted
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This matter concerns a tax appeal filed by the petitioner against an order requiring the deposit of a portion of the tax amount as a condition for entertaining the appeal. The core legal question before the Court was whether the appellate authority could lawfully insist upon the pre-deposit of tax as a condition precedent for hearing the appeal, given the existing judicial precedents on the matter. Upon consideration, the Court held that the condition requiring the deposit of a portion of the tax amount was prima facie contrary to the legal principles established by the Full Bench of the Lahore High Court in the case of Messrs Chenab Cement Product (Pvt.) Ltd. And others v. Banking Tribunal, Lahore and others (PLD 1996 Lah. 672). Consequently, the Court granted interim relief, directing that the petitioner's appeal be entertained and processed without the requirement of any such deposit. The decision reinforces the principle that procedural conditions for appeals must align with established binding precedents regarding the right of appeal and access to justice in tax matters.

Questions settled in this judgment
  • Can an appellate authority insist upon the pre-deposit of a tax amount as a condition for entertaining an appeal?
  • Is a condition requiring the deposit of tax for an appeal contrary to the principles established in the Chenab Cement Product case?
tax appealpre-deposit conditioninterim reliefappellate procedurebinding precedent

ORDER

Admit. Notice.

2. Mr. M. Ilyas Khan, Advocate, accepts notice.

STAY MATTER Prima facie the condition to deposit a portion of the tax amount is contrary to the judgment of the Full Bench in the case of Messrs Chenab Cement Product (Pvt.) Ltd. And others v. Banking Tribunal, Lahore and others PLD 1996 Lah. 672 and, as such, it is directed that petitioner's appeal shall be entertained without insisting upon any deposit. .

Cited by 3 cases

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