PESHAWAR: Two separate benches of Peshawar High Court on Thursday ordered de-sealing of three commercial plazas of Evacuee Trust which were sealed last month by provincial excise and taxation department due to non-payment of property tax.

The benches disposed of three identical writ petitions filed by the lessees to whom these properties were leased out by the Evacuee Trust Properties Board (ETPB) with the direction that the petitions should be referred to the excise secretary, who should treat it as representation and decide it in accordance with law.

The benches ordered the petitioners to appear before the secretary on April 26 and till decision by the secretary the plazas should not be sealed again.

A bench comprising Justice Waqar Ahmad Seth and Justice Irshad Qaiser heard the petition filed by Haji Mohammad Umer, whereas another bench comprising Justice Mohammad Daud Khan and Justice Mussarat Hilali heard the petitions filed by Alaf Khan and Khursheed Hussain.

Refers petitions to secretary of excise and taxation department

Advocate Nasrun Minallah appeared in the three cases and contended that the petitioners were leased out plazas named Sona Tower, Gold Tower and Zain Plaza at Ander Shehar Bazaar by ETPB few years ago following which they had rented out shops to different people there.

He stated that the excise and taxation department recently issued notices to the petitioners, asking them to pay property tax under the Urban Immovable Property Tax Act, 1958.

The counsel argued that the petitioners informed the department that they were not owners of the plazas and in fact the same were leased out to them by ETPB. Despite that, he said, the department sealed the three plazas. He added that the petitioner then approached ETPB, which ordered de-sealing of the plazas. However, he said that last month the department again sealed the plazas.

Mr Minallah contended that the said plazas were not personal properties of the petitioners rather that of federal government. He said that the properties of federal government were exempted from property tax under the said Act.

Furthermore, he said, those properties were also exempted from taxes under section 49 of the Income Tax Ordinance, 2001.

The counsel stated that under the relevant rules the petitioners had also filed applications with the secretary and director general of excise and taxation seeking de-sealing of the plazas, but so far decision had not been made on those applications.

Initially, the bench comprising Justice Waqar Ahmad Seth and Justice Irsahd Qaiser considered it appropriate to turn the petition before it into a representation to the secretary and till decision by the secretary the plaza would remain de-sealed. Later on, the other bench also issued same order in the two petitions fixed before it.

APA: A PHC bench comprising Justice Yahya Afridi and Justice Roohul Amin Khan on Thursday stopped the assistant political agent (APA) of Kohat Frontier Region from proceedings further in a dispute between two groups over certain money transaction which had taken place in Kohat.

The bench sought reply from the APA in a writ petition filed by three brothers named Mohammad Irshad, Naushad and Dilshad, residents of Dara Adamkhel. The petitioners have challenged the issuance of notices to them by the APA asking them to appear before him.

Advocate Wali Khan Afridi appeared for the petitioners and contended that they were issued notices by the APA on complaint filed by their rivals Alamzeb and Jehanzeb. He added that the complainants had alleged that they had paid Rs10 million to the petitioners in Dubai to keep it as a trust, but now they were reluctant to return the amount.

The counsel said that under the Frontier Crimes Regulation, the APA had no authority to interfere into a financial dispute which had taken place abroad.

Published in Dawn, April 8th, 2016