Terming collection of one percent additional sale tax on petroleum products without approval of Finance Bill from parliament as unlawful and unconstitutional, the Supreme Court on Friday directed the concerned authorities to deposit all money recovered through the additional tax to the office of the SC registrar.
The apex court also directed the government to deposit nine percent of the 26 percent of the sales tax with the SC registrar, which was collected on CNG during June 13 to 21.
A three-judge bench headed by Chief Justice Iftikhar Muhammad Chaudhry ruled: “If the Sales Tax is imposed by the Majlis-e-Shoora to be recovered with retrospective effect, same shall be paid to the government, otherwise appropriate orders will be passed for its disbursement.”
The court asked Oil and Gas Regulatory Authority (OGRA) to issue revised notification, fixing prices of CNG under Section 3 of the Sales Act by recovering Sales Tax at 16 percent on taxable supplies until passage of the Finance Bill 2013-14 by parliament.
“A statement shall also be filed by the government showing the amount of Sales Tax collected @ nine percent under proviso to Rule 20(2) (c) of the Sales Tax Special Procedures Rules 2007 on value of the CNG from the consumers in addition to declared Sales Tax of 16 percent imposed under Section 3 of the Sales Tax Act 1990, as this amount is also to be refunded to the consumers, for which appropriate order shall be passed subsequently,” the court announced.
The court said declaration under Section 3 of the Provisional Collection of Taxes Act, 1931 neither had the status of legislation nor sub-legislation so it had no force of law.
The court also declared Section 4 of the Provisional Collection of Taxes Act 1931 unconstitutional, terming it contrary to Article 70 of the constitution. It added that Section 5 of the act did not lay down parameters for the purpose of refund of the collected taxes to the consumers, saying it was not enforceable in its present form.
The court remarked that as prices of essential commodities had exorbitantly increased, therefore, the federal and provincial governments were directed to take action to keep the prices consistent.
The court ruled that government could increase tax in accordance with sales tax act under finance bill.
Complying with the Supreme Court order, OGRA withdrew the hike in petroleum prices.
The regulatory body said the recent hike on account of GST had been withdrawn following the Supreme Court order.
The prices of petroleum products now stand at the position of June 1 2013.