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1983 SCMR 1298

MESSRS SHAHYAR TEXTILE MILLS LTD.S vs GOVERNMENT OF SIND AND Another

Citation1983 SCMR 1298
CourtSupreme Court of Pakistan
Case No.Constitutional Petition No. D-617 of 1983 Constitutional Petition for Special
Date1983-09-14
Judge(s)Zaffar Hussain Mirza, M. S. H. Qureshi, S. A. Nusrat
ResultLeave granted

ORDER

ZAFFAR HUSSAIN MIRZA, J.-Learned counsel submits that on similar points as are urged in this petition, this Court had already granted leave vide C. P. SA. As. Nos. K-104 and K-114 of 1983. We accordingly grant leave to appeal in this petition to examine the following questions of law

(1) Whether it is possible for urban immovable property tax to be levied in the absence of any machinery provisions being present in the Act or in the rules thereunder under which the purported levy is being made ?

(2) Whether it is possible for urban immovable property tax to be levied in the absence of an assessing authority having been dull created under the Sind Urban Immovable Property Tax Act and/o the rules framed thereunder ?

The petitioners shall furnish security for costs in the sum of Rs. 2,500.

2. As regards the prayer for interim relief it is ordered that the impugned tax shall not be recovered subject to the condition that the petitioners furnish a bank guarantee for the payment of dues already accrued or accruing from time to time. Notice of the miscellaneous application shall issue to the respondents for an early date.

M. Z. M. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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