Sindh High Court
2019
THLN 1004
2019 PTD 389
Laws Cited
Sindh Sales Tax on Services Act, 2011
Sections
2(72B),2(72C),2(79),3,4,5,8,9,First Schedule

YOUNG S (PRIVATE) LIMITED AND OTHERSVSPROVINCE OF SINDH AND OTHERS

VS

Petitioner(s) by: Aminuddin Ansari and Khalid Javed Khan (in C.P. No.D-2167 of 2017). Amjad Jawaid Hashmi (in C.P. No.D-3462 of 2016). Muhammad Younus and Taimur Ali Mirza (in C.P. No.D-2800 of 2017).
Respondent(s) by: Farooq H. Naek (in C.P.No.D-2167
Present: AQEEL AHMED ABBASI, JUSTICE NAZAR AKBAR, JUSTICE
THIS JUDGMENT DELIVERED BY:

AQEEL AHMED ABBASI, J.---Since a common controversy has been agitated in the aforesaid petitions by the petitioners, who have challenged the levy of Sindh Sales Tax at the rate of 6% on renting of immoveable property services in terms of Section 2(72C) read with Tariff Heading 9806.3000 of the Sindh Sales Tax on Services Act, 2011, for being ultra-vices to the Constitution of Islamic Republic of Pakistan, 1973, whereas, alternatively it has been prayed that provisions of Section 2(72C) read with Tariff Heading 9806.3000 may be read down and interpreted to mean that renting of immoveable property itself is not a taxable service under Sindh Sales Tax on Services Act, 2011, therefore, the aforesaid petitions, by consent of learned counsel for the parties, are heard and disposed of through this common judgment.2. Instant petitions have been filed by the landlords as well as the tenants of various immoveable properties, which have been let-out on rent, whereas, Notices have been issued to t...