Sindh High Court
2025
THLN 6359
2025 PTD 954
Laws Cited
Cantonments Act, 1924 | Constitution of Pakistan, 1973 | Income Tax Ordinance, 2001
Sections
60,80,106,200 | Section:-Fourth Sched., Part I, Entry No. 50, 70(6), 270A | 15A

M/S MILLENNIUM MALL MANAGEMENT CO

VS

PAKISTAN & OTHERS

Petitioner(s) by: Messrs. Ayan Mustafa Memon assisted by Ali Zuberi, Habibullah Masood, Amna Khalil, Nawaz Khan and Shahreen Chugtai, (Khwaja Shamsul Islam along with Imran Taj, Imtiaz Ali Shah & Khalil Awan,(Ms. Naheed A. Shahid & Daniyal Ellah
Respondent(s) by: NEMO
Present: MUHAMMAD SHAFI SIDDIQUI AND JAWAD AKBAR SARWANA, JJ.
JUDGMENT

The subject matter of these petitions is Tax demand based on annual rental value of property by different Cantonment Boards from the petitioners. The petitioners assertion is that it is a kind of tax and levy that taxes remain with the provinces only whereas the federal government and the cantonment boards claim such levy to be in their competence. In support of such questions raised, both sides counsel have assisted us and summarized their structural points as under:-COUNSELS BULLET POINT SUBMISSIONS MR. AYAN MUSTAFA MEMONMr. Ayan Mustafa Memon, learned counsel for petitioner in C.P. No. D- 2603/2023) has made the following submissions:Post-18th Amendment, the subject of levying property tax rests with the Provinces. Placed reliance on Entry No.50 of the Fourth Schedule of the Constitution of Pakistan, 1973.Contended that after omission of the Seventh Schedule of the Constitution, which was protected for a period by the Presidential Order of 1979, levying of all property tax now reste...