2008 PLP 318 (PTD)
COLLECTOR OF SALES TAX Versus CYNAMID PAKISTAN LTD. and others
| Citation | 2008 PLP 318 (PTD) |
| Forum / Court | Karachi High Court |
| Bench Members | Anwar Zaheer Jamali and Muhammad Athar Saeed, JJ |
| Parties | COLLECTOR OF SALES TAX Versus CYNAMID PAKISTAN LTD. and others |
Q1: What are the key laws and sections cited in 2008 PLP 318 (PTD)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2008 PLP 318 (PTD)?
The case was heard and decided by the Karachi High Court bench comprising: Anwar Zaheer Jamali and Muhammad Athar Saeed, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2008 PLP 318 (PTD) (COLLECTOR OF SALES TAX Versus CYNAMID PAKISTAN LTD. and others). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Aziz A. Shaikh for Respondents.
Judgment & Decree
By this reference application, under section 47 of the Sales Tax Act, 1990, following questions have been proposed by the Collector of Sales Tax and Federal Excise for the opinion of this Court:- "(1) Whether under facts and circumstances of the case the learned Customs, Excise and Sales Tax Appellate Tribunal was justified in holding that "the appellant will be entitled to claim input tax adjustment in accordance with law" without mentioning specifically the provisions of law either under section 7 or section 59?. (2) Whether or not the Appellate Tribunal was justified in ignoring the specific directions of the Hon'ble High Court of Sindh given vide judgment, dated 5-4-2006 regarding fresh finding on the issue of entitlement of input tax adjustment under section 7 of the Act?"
2. We have heard the learned counsel and perused the impugned order dated 19-8-2006, so also the order of this Court, dated 5-4-2006 passed in Special Sales Tax Appeal No.534 of 2004. From the plain reading of the contents of Para.5 of the order passed by the Tribunal, it is evident that the important aspect of the case regarding the applicability or otherwise of section 7 of the Sales Tax Act, 1990, for which the case was remanded to the Tribunal for adjudication, was clearly attended to and answered by the Tribunal in favour of the respondent. The concluding paragraph of the order of the Tribunal, dated 19-8-2006 is not to be read independently, but said order is to be read as a whole, which clarifies the issue.
3. This being the position, both the questions are misconceived, and therefore, this appeal is dismissed. H.B.T./C-19/K Appeal dismissed.