A two-member bench of the Supreme Court, headed by Justice Mohammad Nawaz Abbasi, on Friday referred appeal of Caltex Oil Pak Ltd in a sales tax case to Customs, Excise and Sales Tax Appellate Tribunal and asked the company to furnish Rs 30 million guarantee within two weeks.
The Court comprising Justice Mohammad Nawaz Abbasi and Justice Tassadaq Hussain Jilani directed the Customs Tribunal to decide the case within three months, and fixed the first date of hearing on September 20. The case will be heard by the Tribunal if administration of Caltex furnishes the guarantee of Rs 30 million within two weeks, otherwise it would be considered dismissed, the Court remarked.
The Court also made it clear that if the Company has already furnished the guarantee in this regard and is still intact then it would be considered valid for the hearing of the case by the Customs Tribunal.
Dr Farogh Nasim, advocate, appeared on behalf of the Company and completed his arguments by giving reference of various judgements regarding sales tax matters.
Deputy Attorney-General Mohammad Irshad, who is also legal advisor to Central Board of Revenue, appeared on behalf of the respondent.
The administration of Caltex Ltd has moved an appeal in the Supreme Court against the judgment of Sindh High Court in a sales tax case. According to Customs Department, the Company did not pay sales tax for a specific period even after the issuance of notification by Central Board of Revenue (CBR) in this regard.
Deputy Attorney General did not raise objection over the proposal made by the counsel of Caltex Ltd to refer the case to Customs Tribunal. He said, "Both parties will have right to file appeal against the decision of the Customs Tribunal in the Supreme Court again, according to law."