Collection of property tax on non-transferrable assets: PHC stops from adverse actions against residents

Humayun Khan

PESHAWAR: Peshawar High Court (PHC) two members bench comprised of Justice Abdul Shakoor and Syed Arshad Ali stopped from taking any adverse actions against residents of cantonment board in property tax collection on non-transferrable assets while redirected federal government as well as cantonment boards to submit reply till 30th May, on Wednesday.

The counsel Atif Ali Khan and Khalid Rehman advocates appeared before court while pleaded that after 18th amendment federal government has devolved property tax on non-transferrable assets to provinces but different cantonment administrations receiving heavy property taxes from residents in the premises.

Atif Ali Khan advocate informed PHC that cantonment board officials multiplied his office rent water charges twice to pressure him to quit from the proceedings in the petition.

He argued that under Non-transferrable property tax Act 1958 cantonment administration only collected the tax to transfer to province after deduction of charges but after 1979 Martial Law, the 1924 was implemented under Presidential Order No. 13 which was intact till 1985.

The counsel argued that in 18th constitutional amendment, the collection of property tax on Non-transferrable assets devolved to provinces because the lower ratio of taxes while added that cantonment board officials collecting taxes as per 1924 law which is unconstitutional.

The counsel pleaded PHC to restrict cantonment board to collect property tax on non-transferrable property as per provincial ratio after then submit to province government after deduction of charges while Cantonment Board’s lawyer requested for provision time to submit reply.