LAHORE: The Lahore High Court (LHC) on Monday directed PML-N Vice President Maryam Nawaz Sharif to file petition before division bench to challenge a notice by the Inland Revenue department of the Federal Board of Revenue (FBR) for recovery of income support levy.
During the hearing on 20.5.2019, Justice Abid Aziz Sheikh of the high court heard petition filed by ex-prime minister Nawaz Sharif’s daughter to challenge income support levy notice by FBR.
Maryam’s lawyer contended before the court that the recovery of income support levy violates country’s Constitution. It is up to the provincial social welfare department to work towards the welfare of the public and that the Inland Revenue department lacked authority to impose and recover a tax in the name of social protection after the passage of the 18th Constitutional Amendment, he added.
The counsel said his client has been asked to pay income support levy on her assets worth more than Rs317 million and demanded that the impugned notice be declared illegal and unlawful.
It is noteworthy that Leader of Opposition in the Punjab Assembly Hamza Shahbaz has also challenged a notice issued to him for recovery of income support levy.
The PML-N leader through his counsel contended that the tax is an amount recovered by the government to meet its public welfare targets. Social welfare is a provincial subject under the 18th Amendment of the constitution, he added.
The petitioner argued that the federal government does not have the authority to pass any legislation on the social welfare of the public at large. After the 18th Amendment the right to legislate about the social welfare issues has been devolved to provinces and that if any such legislation is to be passed, it is within the domain of the provincial legislature, he added.
The petitioner pleaded to the court to declare recovery of the Income Support Levy by the Inland Revenue department as void.