Daily Times

PESHAWAR: Chief Justice Mazhar Alam Khan disposed off Pakhtunkhwa Energy Development Organisation (PEDO) to take up the issue of tax payment claimed by FBR at a proper forum within two days. He was ordered to file an application at Commissioner Income Tax within two daysbut stopped the FBR from recovering the amount till hearing. Another bench consisting of Justice Nisar Hussain and Justice Waqar Ahmad Seth also dismissed Pakhtunkhwa Energy Development Organisation (PEDO) petition against Federal Board of Revenue’s notice for recovery taxes on accounts for generation of power from its different units in 2011 and 2012. The petition was dismissed on grounds of maintainability and PEDO was directed to raise the issue on a proper forum like Commissioner Income Tax.

The petition was dismissed by a division bench headed by Justice Nisar Hussain after FBR lawyer Neelam Khan complained that the issue was not raised on a proper forum.

She said that PEDO challenged the notice at the Assistant Commissioner Income Tax commissioner office but he maintained the notice and dismissed the appeal after which PEDO instead of going to Commissioner officer filed a writ at PHC. She said that the writ should be dismissed and the stay order vacated. However, PEDO counsel said FBR has issued a notice to PEDO for payment of tax amounting Rs2.5 billion for the said two years.

The power generations station was located in Malakand while two others including Reshun and Shishi were situated in Chitral, where after correspondence between petitioners and respondents notices were issued by Additional Commissioner Inland Revenue for payment of taxes.