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Sindh High Court 2021 Sales Tax Act of 1990

2021 PTD 713

Payment of Sales Tax Liability/ Default Surcharge
SINDH PETROLEUM AND CNG DEALERS ASSOCIATION AND OTHERS
Appellant
VS
FEDERATION OF PAKISTAN AND OTHERS
Respondent

Case Laws / Head Notes / Paras

Payment of sales tax liability---Default Surcharge---Recovery of default surcharge---Show cause notice and adjudication process to be followed for such recovery---Abdication of statutory duty by Department---Scope---Petitioners impugned notices for payment of sales tax default surcharge issued by Gas Utility Company on behalf of Department---Question before High Court was whether Gas Utility Company could be delegated right and responsibility to adjudicate, impose and recover default surcharge from its subscribers under S.34 of Sales Tax Act, 1990---Held, that while Department did initiate proceedings against Gas Utility Company for recovery of such default surcharge however, no proceedings were initiated against its subscribers / petitioners---Issuance of impugned notices by company, prim...