ISLAMABAD: The Islamabad High Court (IHC) has dismissed a writ petition moved by the Large Taxpayers Office, Islamabad (LTO) against recovery of the amount of energy consumed through the detection assessment bill issued by the Islamabad Electricity Supply Company (IESCO).
It is reliably learnt that the IHC has dismissed the LTO’s stance in a recently-passed order, wherein, the petitioner, FBR (Large Taxpayers Office, Islamabad) impugns the notice dated 05.06.2023 requiring the FBR to explain as to why a detection assessment bill under Section 26-A of the Electricity Act, 1910 should not be charged to recover the amount of energy dishonestly obstructed/consumed.
When contacted, lawyer Waheed Shahzad Butt told this correspondence that the matter is of utmost importance regarding the issue of electricity theft and the alleged involvement of the LTO.
This matter demands immediate action, and the formation of a high-level committee to investigate the situation and hold the responsible IRS officers accountable. This illegal activity not only results in substantial financial losses for the government and electricity providers but also hampers the provision of this vital utility to law-abiding citizens and businesses. The rampant nature of this theft suggests a deeper, systemic issue that requires thorough investigation and swift action rather than lame excuses.
Waheed added, unfortunately, the recent episode has implicated officials from the LTO in this act. Such allegations, if true, represent a severe breach of public trust and the misuse of authority. It is imperative that we address this matter promptly to preserve the integrity of our institutions and restore faith in the governance system.
The IHC’s order states, notice was issued on the basis of report submitted by the Islamabad Electric Supply Company to the effect that the Technical Committee had tested the accuracy of the meter installed at FBR’s premises and found the same to be 21% slow. On 05.06.2023, IESCO had issued a detection bill for an amount of Rs.600000.00 to the FBR Payment against the said bill has not been made as yet. Bases for the issuance of the advanced detection bill issued by IESCO in which an allegation had been made against FBR that the electricity meter was running slow by 21%. This allegation has been denied by FBR. This Court, in its jurisdiction under Article 199 of the Constitution, cannot resolve this dispute without the recording of evidence. Given the controversial question of facts in the instant petition, I am of the view that the petitioner ought to resort to a remedy before a Court of plenary jurisdiction in terms of the law laid down in the judgment reported as PLD 2006 SC 328. In view of the above, the instant petition is dismissed in limine, the IHC ordered.
Copyright Business Recorder, 2023