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BHC declares: Agri income levy falls under provincial jurisdiction
BHC declares: Agri income levy falls under provincial jurisdiction

Business Recorder

time22-04-2025

  • Business
  • Business Recorder

BHC declares: Agri income levy falls under provincial jurisdiction

ISLAMABAD: The Balochistan High Court has declared that agricultural income taxation falls under provincial jurisdiction and any consequences of delayed payments should be governed by provincial laws. The Acting Chief Justice of the Balochistan High Court has ruled in favor of the taxpayer, Khalid Hussain, in a legal dispute regarding the taxability of agricultural income under Section 111 and the exemption provided by Section 41 of the Income Tax Ordinance, 2001. On the behalf of taxpayer, the case was pleaded by Riffat Naeem Jan Advocate High Court, Karachi. Retrospective application from Jan 1: Agri tax will be levied from July 1 The case centered on whether the Federal Board of Revenue (FBR) had the authority to tax agricultural income, given its classification as a provincial matter. The Commissioner Inland Revenue argued that Hussain improperly claimed agricultural income as exempt and failed to pay taxes. Conversely, the taxpayer asserted that agricultural income falls under provincial jurisdiction, especially following the 18th amendment, and should not be taxed by FBR. A key contention involved the validity of notices and assessments. The Commissioner maintained that the notice issued under Section 122(9) sufficed and negated the need for a separate notice under Section 111 after amendments introduced in the 2021 Finance Act. Meanwhile, the taxpayer insisted that FBR cannot override the exemption granted under Section 41. The case originated when the Deputy Commissioner Inland Revenue issued an assessment order, creating a tax demand of Rs. 10,154,812. This order was upheld by the Commissioner Appeal IR but later overturned by the Appellate Tribunal Inland Revenue (ATIR), which ruled in favor of Hussain, emphasizing that agricultural income cannot be taxed by redefining Section The Commissioner then sought judicial review through a high court reference. The Balochistan High Court dismissed the Commissioner's appeal, citing precedents from the Supreme Court (CP 2447-L/2022) and Lahore High Court (ITR No. 61061 of 2022). The ruling reaffirmed that agricultural income taxation falls under provincial jurisdiction, and any consequences of delayed payments should be governed by provincial laws. This decision strengthens the legal position that FBR cannot tax agricultural income and reinforces the provincial government's exclusive authority over such taxation matters. Copyright Business Recorder, 2025

Pakistan court refuses to hear Baloch activist case— lawyers
Pakistan court refuses to hear Baloch activist case— lawyers

Arab News

time15-04-2025

  • Politics
  • Arab News

Pakistan court refuses to hear Baloch activist case— lawyers

QUETTA: Pakistan court refused on Tuesday to rule on the detention of activist Mahrang Baloch, a decision her lawyers said will delay her case and keep her behind bars. The 32-year-old was placed under administrative detention by the Balochistan provincial government on March 22, accused of terrorism, sedition, and murder after leading a protest. The Balochistan High Court refused to hear an appeal against her detention, instead referring her case to the provincial government, according to Baloch's defense team. 'They closed all doors for us to appeal and directed us to the government instead,' her lawyer Kamran Murtaza told AFP, calling it a 'refusal of justice.' Imaan Mazari, a second lawyer, called it a 'complete abdication of responsibility' by the justice system, which has 'put her at the mercy of the same administration that detained her.' Baloch will now remain under administrative detention, a 30-day period renewable three times under Pakistani law. The UN has expressed 'concern' for the trainee surgeon, who was named by Time Magazine as one of the 100 rising leaders of 2024. Balochistan, the country's poorest province that borders Iran and Afghanistan, is in the grip of separatist militants who regularly carry out attacks on security forces. Baloch founded the Baloch Unity Committee which accuses the state of extrajudicial executions, enforced disappearances, and arbitrary arrests in their security operations, but advocates non-violence. At least 3,000 supporters have taken part in an ongoing sit-in, blocking key roads near the main city of Quetta for the past two weeks and demanding the release of Baloch and other activists. Authorities restrict access to many areas of Balochistan, where China has poured billions into energy and infrastructure projects, including a major port and an airport.

Pakistan court refuses to hear Baloch activist case: lawyers
Pakistan court refuses to hear Baloch activist case: lawyers

Yahoo

time15-04-2025

  • Politics
  • Yahoo

Pakistan court refuses to hear Baloch activist case: lawyers

A Pakistan court refused on Tuesday to rule on the detention of activist Mahrang Baloch, a decision her lawyers said will delay her case and keep her behind bars. The 32-year-old was placed under administrative detention by the Balochistan provincial government on March 22, accused of terrorism, sedition, and murder after leading a protest. The Balochistan High Court refused to hear an appeal against her detention, instead referring her case to the provincial government, according to Baloch's defence team. "They closed all doors for us to appeal and directed us to the government instead," her lawyer Kamran Murtaza told AFP, calling it a "refusal of justice". Imaan Mazari, a second lawyer, called it a "complete abdication of responsibility" by the justice system, which has "put her at the mercy of the same administration that detained her". Baloch will now remain under administrative detention, a 30-day period renewable three times under Pakistani law. The UN has expressed "concern" for the trainee surgeon, who was named by Time Magazine as one of the 100 rising leaders of 2024. Balochistan, the country's poorest province that borders Iran and Afghanistan, is in the grip of separatist militants who regularly carry out attacks on security forces. Baloch founded the Baloch Unity Committee which accuses the state of extrajudicial executions, enforced disappearances, and arbitrary arrests in their security operations, but advocates non-violence. At least 3,000 supporters have taken part in an ongoing sit-in, blocking key roads near the main city of Quetta for the past two weeks and demanding the release of Baloch and other activists. Authorities restrict access to many areas of Balochistan, where China has poured billions into energy and infrastructure projects, including a major port and an airport. mak-jma/ecl/tc

Documented DPs get BHC relief
Documented DPs get BHC relief

Express Tribune

time06-04-2025

  • Politics
  • Express Tribune

Documented DPs get BHC relief

Afghan migrants, in compliance with Pakistan's directive, board buses in Sultanabad, Karachi, on Saturday, returning to their home after the government's order for all illegal migrants to leave the country. PHOTO: ONLINE The Balochistan High Court has barred provincial authorities from forcibly expelling Afghan refugees holding valid Proof of Registration (PoR) cards, as the federal government intensifies its ongoing crackdown on undocumented immigrants. The order was issued in response to a constitutional petition filed by an Afghan refugee residing in Quetta. A division bench comprising Chief Justice Ejaz Khan Swati and Justice Mohammad Amir Nawaz Rana ruled that Afghan refugees possessing PoR cards cannot be evicted from the country until June 30. Nusrat Afghan, counsel for the Afghan Union Group (AUG), welcomed the decision, saying that the ruling reinforces the legal right of documented refugees to remain in the country until mid-2025. The federal crackdown – launched by police and Levies forces after a deadline issued by the Ministry of Interior – has triggered alarm among humanitarian organisations and legal experts, who stress that the rights of documented refugees must be safeguarded under both Pakistani and international law. In Balochistan, the drive has gained momentum, with a special focus on Afghan nationals residing across various districts. According to police sources, eight families were deported from Quetta, while dozens of others voluntarily returned to Afghanistan via the Friendship Gate at the Chaman border. Authorities enforced strict security measures during the deportation process to maintain public order. Meanwhile, the crackdown against undocumented Afghan nationals intensified in Rawalpindi on Saturday, with police detaining an additional 140 individuals, bringing the total number of detainees in the city to 190. All detainees have been shifted to a temporary holding facility established at Haji Camp, from where they will be deported to Afghanistan following further processing, police said. The operations are part of the federal government's ongoing campaign to repatriate illegally residing foreign nationals. In this regard, Punjab Inspector General Dr Usman Anwar chaired a high-level meeting to review the status of deportations across the province, including Lahore. IG Punjab said the process of deporting undocumented foreigners from Punjab continues without interruption. "Over 1,000 such individuals have already been shifted to designated holding centres," said the Punjab Police spokesperson. At present, 2,353 undocumented foreigners are being held at various holding points, while 203 have already been deported with the assistance of relevant federal agencies, the spokesperson added. Dr Usman Anwar said coordination with federal departments is ongoing, and transfers are being carried out from identified points to move these individuals out of Punjab's jurisdiction. He stressed that holding points were being used as interim facilities, and district administrations are responsible for arrangements, including transport, food and logistics. The IG also instructed that security be kept on high alert throughout the deportation process. All RPOs and DPOs have been directed to accelerate the deportation campaign and ensure the prompt repatriation of all undocumented foreigners, under federal government directives. He stressed that operations should continue based on intelligence gathered by the Special Branch, CTD and other security and intelligence agencies. The IG also ordered thorough mapping, scanning, and screening of undocumented foreigners, with full respect for human rights to be ensured at every stage of the process. District police officers have been instructed to maintain tight coordination with local administrations and other relevant departments. The meeting was attended by senior police officials, including Additional IG Welfare and Finance Imran Arshad, Additional IG CCD Sohail Zafar Chattha, DIG Establishment-I Suleman Sultan Rana, DIG Headquarters Dr Muhammad Abid Khan, DIG CTD Maroof Wahla, DIG Operations Punjab Waqas Nazir, DIG Special Branch Khurram Shehzad and DIG CTD Umar Salamat. All RPOs, CPOs, and DPOs joined via video link. Mapping, deportations underway Under the supervision of the Foreign National Security Cell, operations against undocumented Afghan nationals remain in full swing. Over the past two days, 1,085 individuals have been repatriated via the Torkham border crossing. According to a spokesperson, 1,359 ACC holders were being deported on Saturday from holding areas across Punjab. Action is also being taken against undocumented ACC holders. The department's special cell is monitoring and coordinating province-wide efforts, receiving daily reports from all districts, the spokesperson added. Meanwhile, authorities in Peshawar have launched the mapping of undocumented foreign nationals residing illegally in the city, identifying over 100,000 individuals during the initial phase of the operation. According to police sources, the mapping process aims to determine the concentration and locations of undocumented foreigners across various areas of the provincial capital. To facilitate the operation, more than 90 dedicated teams have been formed, comprising personnel from the police, district administration, and other relevant departments. Over 200 police officers have been deployed specifically for the mapping exercise in Peshawar. In parallel, security contingents have been deployed at the holding centres located in both Peshawar and Khyber districts. Each of the two centres has been assigned 230 security personnel to ensure smooth operations and security. Meanwhile, the district administration reported the identification of more than 160,000 individuals holding ACC in Peshawar. Officials stated that action will be taken against them. However, formal instructions to proceed against undocumented foreigners have not yet been issued. At present, illegal foreign nationals are being repatriated voluntarily. (With additional input from our correspondents in Lahore, Rawalpindi and Peshawar)

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