Messrs SONIA SILK, 108-ANARKALI, LAHORE through Sheikh Wajih-ud-Din
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.
- 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?
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
- Chaman Milk Shake Ice Cream Through Its Proprietor Muhammad Sadiq vs Special Officer Of Income Tax, Circle-10, Zone-A, Lahore And Another 2003 P.C.T.L.R. 922
- CHAMAN MILK SHAKE ICE CREAM through Proprietor vs SPECIAL OFFICER OF INCOME-TAX, CIRCLE 10, ZONE-A, LAHORE and another 2003 PTD 2855
- AASHI PACKAGES (PVT.) LIMITED, BAGHBANPURA, LAHORE through Director, Hassan Kamal vs FEDERATION OF PAKISTAN through Secretary Finance, Islamabad and 2 others 2002 PTD 2797