KARACHI: Pakistan Mobile Communications Limited has approached Sindh High Court (SHC) and filed constitutional petition against freezing and removing the petitioner’s carried forward input tax as of 30 June 2019 in the petitioner’s electronic Sindh sales tax return for the period July 2019.
On 25 November 2019, counsel for the petitioner informed the court that the petitioner challenged the respondents’ illegal action of freezing and removing the petitioner’s carried forward input tax as of 30 June 2019 in the petitioner’s electronic Sindh sales tax return for the period July, 2019 due to this, the petitioner is unable to file its true and accurate return for July 2019. He further argued that petitioner claimed and carried forward input tax during the pendency of “human rights case no 18877/2018” whereby interim orders of the Supreme Court of Pakistan barred telecommunication companies including the petitioner from collecting, inter alia, Sindh Sales Tax on Services (SSTS), the chairman Sindh Revenue Board is now allegedly denying the adjustment of the carried forward input tax by removing it as carried forward in the petitioner’s electronic SSTS return for the period July, 2019, the action of the respondent is illegal as they it is in violation of the act and the judgment of the Supreme Court in “Human Rights Case No 18877/2018”.
Citing ministry of Finance, chairman SRB and assistant commissioner Unit-I as respondents, petitioner pleaded the court to declare that the respondents’ action of freezing and thus removing the petitioner’s carried forward input tax is its online portal is unconstitutional, without jurisdiction, mala fide and of no legal effect.