The Supreme Court was informed on Thursday if a person earns money abroad and makes assets in foreign lands then it is not mandatory for him to declare assets in Pakistan. A three-member bench led by Chief Justice Mian Saqib Nisar was hearing a plea of Pakistan Muslim League-Nawaz (PML-N) leader Hanif Abbasi seeking disqualification of Pakistan Tehreek-e-Insaf chief Imran Khan and the party General Secretary Jahangir Tareen form the Parliament over tax evasion and obtaining funds from prohibited sources.
Appearing before the bench Charted Accountant Asim Zulfiqar submitted that since 1947, three different laws have been promulgated in the country. Zulfiqar submitted that as per the law, a person who resides for more than 182 days a year in the country is a resident, saying if a person resides abroad for more than 182 days a year then he will be presumed a non-resident.
He further said if a non-resident purchases some assets abroad against the money he earned there, then concealing or declaring such assets would have no impact on taxation. He was of the view that tax is not imposed on the money a non-resident earns abroad.
Asim Zulfiqar reiterated that it is not mandatory for a person to declare off-shore assets which he has purchased against money earned abroad. He informed the court that under the 1922 Income Tax Act, the statement of assets and liabilities could be submitted before the tax authorities if required but under the provisions of the Income Tax Act 2003, such submission is mandatory. Chief Justice Mian Saqib Nisar observed that Imran Khan became a filer in 1982 and questioned as to why he failed to declare the flat in tax returns of 1983.
While underscoring the need for a fact-finding commission on foreign funding, Chief Justice Mian Saqib Nisar observed that the status of a person, whether a resident or non-resident Pakistani, is of significant importance. Concluding his arguments on behalf of Imran Khan, Advocate Naeem Bukhari pleaded that the petitioner Hanif Abbasi was a political opponent of his client who neither challenged nomination papers of Khan nor filed an election petition.
Responding to query of a member of the bench justice Faisal Arab, Bukhari submitted that there was a family relation between Rashid Khan and Imran Khan. Later, the bench asked Attorney General for Pakistan Ashtar Ausaf to become prosecutor in the case against Imran Khan and adjourned the hearing of the case till June 13.