Every person is bound to provide information based on facts regarding one’s tax payment which needs no scrutiny: Supreme Court

ISLAMABAD, SEP 26 (ONLINE): Justice Athar Minallah has remarked it is settled law with reference to taxable assets that any person is bound to provide information based on facts regarding his tax payment which needs not to be scrutinized.

He further remarked if the need arises to scrutinize the matters of any person then we should understand that the matter is not according to law.

A 3-member bench of Supreme Court (SC) presided over by Chief Justice of Pakistan (CJP) Qazi Faez Isa took up tax related case for hearing Tuesday.
The petitioner told the court which record was sought by the court is not with me completely.

The CJP inquired no income tax officer has come with you.

The counsel said no one has come with me.

The CJP remarked we have said income tax case can run as long as the man of respective department is with you. Assistance is not provided to the court and then say there is stay of SC in the case valuing million and billion of rupees.

The court remarked we are issuing notice on it to respective authorities that they should present record of all the case in the court. Secondly we are warning other authorities that they should ensure in income tax and other tax matters that we will not hear any case without proper assistance. If any such case comes it will stand dismissed. We will not give any relief in it. it is beyond comprehension that we have said repeatedly that proper assistance be provided to us. Despite it assistance is not being provided.

We are imposing fine on you so that authorities could come to know full assistance is not being provided in their cases.

This court will not go to hearsay now. All will have to come with solid facts. No adjournment will be given now. The officers should ensure that competent persons are sent for court’s assistance in income tax matters. They should have all information and all record. Otherwise the cases will be dismissed.

The court remarked there is matter of Rs 850 million. We cannot leave it this way. Your unnecessary arguments will afford no benefit to you. This will only waste the time of court. And we will not allow you to waste the time of court.

SC issued notice to Inland Revenue and sought reply from them.

The court has directed them to come with full preparations.

The counsel for petitioner said we will try that your orders are complied with.

The CJP expressed annoyance remarking you try and if no compliance is made then you will see what happens. Don’t say such thing which means you have option that you don’t comply with it.

You should tell how much fine is imposed on you. We slap fine as per your will.

The petitioner said fine amounting to Rs 1000 is imposed.

The CJP remarked we did not expect this from senior lawyer like you. Ok we impose fine to the tune of Rs 2000. Deposit the fine with the charity of your own choice and file receipt thereof in the court. If receipt is not filed then the zeros annexed with your fine can be increased.