Watermark
Lahore High Court 2016 Federal Excise Act, 2005--- ---Federal Excise Rules, 2005

2016 PTD 1736

Franchise services
PUNJAB BEVERAGES CO. (PVT.) LTD. through General Manager Finance
Appellant
VS
FEDERATION OF PAKISTAN through Ministry of Finance and others
Respondent

Case Laws / Head Notes / Paras

Franchise services---Proof---Federal Excise Duty, recovery of---Show cause notice---Alternate remedy---Petitioner company assailed show cause notice issued for recovery of Federal Excise Duty on the ground of franchiser and franchisee relationship---Plea raised by authorities was that alternate remedy was available to petitioner---Validity---In order to attract levy of Federal Excise Duty for services rendered, which included franchise services within the contemplation of law, authorities were under a legal duty to establish an identifiable link between franchiser and franchisee of services rendered against a fee or consideration---Authorities proceeded on ill-founded assumptions as there was nothing on record to prove that petitioner had paid for services either to franchiser---In absence...