A five-member Constitutional Bench of the Supreme Court, headed by Justice Aminuddin Khan, continued the Super Tax hearing today. Lawyer Farogh Naseem, representing taxpayer companies, presented his arguments before the bench.
During the proceedings, the judges questioned the status of pending cases in other high courts. Justice Jamal Mandokhail asked if the Islamabad High Court (IHC) and Lahore High Court (LHC) had issued decisions. Naseem explained that the Sindh High Court (SHC) had already dismissed the petition, while cases in IHC and LHC were still awaiting verdicts.
Highlighting the broader implications, Naseem noted that banks face a 43 per cent tax, plus an additional 10 per cent super tax, bringing the total to 53 per cent. He stressed that the amendment affects all sectors of the economy and has forced some businesses to shift operations abroad due to heavy taxation.
The bench also expressed concerns about the lack of think tanks in Pakistan to address economic and taxation issues. Justice Aminuddin Khan pointed out the gap, while Naseem criticised government officials for misleading decision-makers and urged the court to provide relief to taxpayers.
Justice Jamal Mandokhail emphasised the supremacy of the Constitution, noting that it is framed by Parliament. Naseem agreed but added that parliaments worldwide hold significant influence. Meanwhile, Justice Muhammad Ali Mazhar raised questions about Section 4C of the Income Tax Act, pointing out its unclear language regarding additional tax. Naseem admitted that more precise wording could have avoided confusion.
The Super Tax hearing today reflected the complex legal and constitutional issues surrounding the levy. The court is expected to continue examining its economic impact and legal validity in the coming sessions.
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