Law: Sales Tax Act, 1990

Section: 46

Law: Constitution of Pakistan, 1973

Section: 199

Sales Tax Act (VII of 1990)---S. 46---Constitution of Pakistan (1973), Art. 199--Constitutional petition---Appeal to Appellate Tribunal---Contention of the petitioners/ assessees was that their cases were being delayed by the Sales Tax Appellate Tribunal and in the meanwhile they (assessees) were being subjected to coercion at the end of the Department for clearing their controversial dues---Validity---High Court directed the Department not to enforce any coercive measures against the said assessees as the delay, if any, for hearing of their appeals was not attributable to them and rather was attributable to a forum constituted under law for hearing and disposing of the appeals within a period of 90 days but it had failed to follow the peripheries of statutory time---Citizens were not to be harassed for failure on the part of the agencies who had to constitute and provide manpower for running the Tribunals enabling them to follow the statutory provision of time for disposal of cases. ORDER This order shall dispose of the following Writ Petitions (1) 7172/2003,(2) 7173/2003,(3) 7174/2003,(4) 7222/2003,(5) 7140/2003 and (6)7139/2003. The matter pertains to Sales Tax Appellate Tribunal, who has to adjudicate upon the appeals filed by these petitioners. Whose grievance was that their cases were being delayed and in the meanwhile they were being subjected to coercion at the end of the Department for clearing A their controversial dues. The learned Sales Tax…

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