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ISLAMABAD, Sep 22 (APP):The Supreme Court constitutional bench on Monday adjourned until Tuesday the hearing of petitions, challenging the imposition of super tax.
The five-member bench, headed by Justice Amin-ud-Din Khan, took up the matter as counsel for petitioners, Ahmad Sukhera, commenced his arguments.
During the proceedings, Justice Hasan Azhar Rizvi questioned whether rising petrol prices from Rs150 to Rs200 or sugar prices from Rs160 to Rs170 would also constitute a “windfall profit.”
Justice Jamal Khan Mandokhail noted that the counsel could have argued who should be taxed and at what rate, to which Sukhera replied that the government’s policy statement itself contained contradictions. Justice Muhammad Ali Mazhar observed that the petitioners seemed dissatisfied only with the tax ratio.
Sukhera argued that the “windfall profit” policy unfairly benefited a handful of individuals while causing losses to the majority, raising questions on the legitimacy of such taxation. He contended that fundamental rights were at stake,
relying on Article 10 of the Constitution.
Justice Mazhar, however, remarked that Article 10-A pertained to the right to a fair trial and asked what its connection was with taxation. Sukhera maintained that taxpayers were entitled to public hearings before such levies. Justice Mazhar pointed out that while such provisions existed in municipal taxation, the income tax law contained no requirement for
public hearings.
The bench further enquired about the procedure for imposing taxes and questioned where due process had been violated in this case. Sukhera argued that the super tax also contravened the specific Entry 47 of the Constitution.
After hearing initial arguments, the bench adjourned further proceedings until Tuesday, when Sukhera will continue his arguments.