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PHC bars FBR from shifting RTO to Islamabad

The Frontier Post
August 25, 2020


PESHAWAR: The two-member bench comprising of Justice Qaiser Rashid and Justice Ijaz Anwar of Peshawar High Court (PHC) had stopped Federal Board of Revenue from shifting Regional Tax Office (RTO) Peshawar to Islamabad, on Tuesday.

On 5 August, FBR had issued notification regarding shifting of financial matters of 340 industrial units from RTOs to Islamabad in which 200 units are functional in Khyber Pakhtunkhwa KP.

The owners of 200 industrial units of KP had filed writ petition and challenged FBR notification issued on 5 August.
During hearing the counsel for petitioner Ghulam Dastagir Advocate argued that terrorism had affected industrial sector of KP badly and reasonable number of units had bankrupt during menace of uncertainty.

The counsel informed honorable court that it is unconstitutional because it would certain jurisdiction of PHC on financial matters of industrial units working in KP.
The counsel argued before honorable court that shifting of RTOs are unconstitutional because revenue collection departments will work on local level by law. He added that it will create hurdles in doing business in KP and will further weaken industrial sector of the province. During hearing senior lawyer and former president PHC Bar Association Abdul Latif Afridi Advocate stand in support with petitioner’s counsel.
Former president PHCBA Abdul Latif Advocate argued that it will create deprivation in small provinces.

The honorable PHC stopped FBR from shifting revenue matters of KP to Islamabad and directed FBR, Chief Commissioner Income Tax, RTO Peshawar and others to submit
comments.
 
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Same court.....................

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ISLAMABAD: The Supreme Court on Tuesday suspended the Peshawar High Court (PHC) order for the release of 196 alleged terrorists, ARY News reported.

A three-member bench headed by Justice Mushir Alam passed this direction while hearing the case in Islamabad.


The court has sought a record of the cases of these 196 alleged terrorists from the federal government and issued notices to all parties.

It is pertinent to mention here that the military courts had sentenced these 196 people for their involvement in terrorism.

Earlier on June 16, the two-member bench comprising PHC Chief Justice Waqar Ahmad Seth and Justice Mohammad Naeem Anwar set aside the conviction orders after hearing 300-plus cases of terror suspects convicted by the military courts.

The military courts had awarded death sentences, life imprisonment and ten years imprisonment to them. The court allowed the appeals of 200 petitioners and ordered their release from jail.
 
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