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ISLAMABAD, Mar 12 (APP):The Constitutional Bench of the Supreme Court of Pakistan has directed the Islamabad and Lahore High Courts to transfer to the Supreme Court all pending appeals relating to levy of Super Tax.
The five-member larger (Constitutional) Bench of the Supreme Court of Pakistan, headed by Justice Amin ud Din Khan and comprising Justice Jamal Mandokhail, Justice Muhammad Ali Mazhar, Justice Hasan Azhar Rizvi and Justice Shahid Bilal Hasan was conducting the proceedings.
On mentioning by the lawyers that a number of appeals relating to the levy of Super Tax are pending in the High Courts, Justice Muhammad Ali Mazhar enquired about the procedure of transferring the cases from a high court to the Supreme Court.
Counsel for the Large-Scale Manufacturers (LSMs), Advocate Makhdom Ali Khan said that a verbal request can be considered a formal request. The Constitutional Bench, however, can order transfer of the said cases exercising its sue moto powers. Reading Article 187 of the Constitution makes it clear.
The Court then directed the Lahore and Islamabad High Courts to transfer all such cases to the Supreme Court of Pakistan and adjourned the hearing for tomorrow.
It may be worth mentioning that 332 LSMs of the country have challenged levy of the Super Tax in the Supreme Court of Pakistan.