Karachi High Court
2010
THLN 122
2010 PTD 147 | 101 TAX 171 | 2010 PTCL 380
Laws Cited
Sales Tax Act (VII of 1990) | Central Excise Rules, 1944 | Central Excise Act (I of 1944)
Sections
47 | 197 , 226(2), | 33

COLLECTOR OF SALES TAX AND FEDERAL EXCISE (RTO)

VS

Messrs ZEAL PAK CEMENT FACTORY, HYDERABAD

Petitioner(s) by: Mohsin Imam
Respondent(s) by: Abid H. Shahban
Present: Before Muhammad Athar Saeed and Arshad Siraj Memon, JJ
ORDER

By this Special Federal Excise Reference Application filed against the order of the Tribunal dated 3-4-2008 in Central Excise Appeal No.H-142 of 2005 the following questions said to have .arisen from that order have been proposed for the opinion of this Court:--(i) Whether the learned Appellate Tribunal Bench-I, Karachi has seriously erred in law to conclude that the Honouable Supreme Court of Pakistan in the case of Messrs Shahi Bottlers 1987 SCMR 571 has very categorically ruled that powers conferred under Rule 226(2) of the Central Excise Rules, 1944 can only be exercised by an officers so designated in the Central Excise rules and no one else can either initiate or take action. Whereas it is pertinent to place on record that no such ruling with regard to exercise of powers under Rule 226(2) of the Central Excise Rules, 1944 was given by the Honourable Supreme Court of Pakistan in the said judgment.(ii) Whether the Honourable Customs, Excise and Sales Tax Appellate Tribunal Bench-I,...