- SITE Association of Industry has challenged
collectionof Trade License Fee.
- SITE Association prayed for suspension, withdrawal of notices and refund of
Karachi, September 3, 2019: Honorable Sindh High Court issued notices to Mr. Izhar Hussain, Chairman, District Municipal Commissioner (West), Karachi; Secretary Industries, Government of Sindh; Sindh Industrial Trading Estate; Judicial Magistrate XXIV Karachi West and Mayor Karachi Metropolitan Corporation for the illegal collection of Trade License fee from tenants of SITE Industrial area Constitution Petition D-5388/2019 filed by SITE Association of Industry.
SITE Association has argued that although Chief Minister of Sindh through Commissioner Karachi’s office issued clear instructions to the Chairman DMC (West) “Put on Abeyance” for the collection of Trade License Fee till Law, Parliamentary Affairs give their opinion. But DMC-West office fully ignored the instructions and start pressurizing industrialists by issuing bailable and non-bailable warrants to the industries.
Recently learned Advisor of Law, Parliamentary Affairs of Sindh Government in his letter No. PS/ACK-I/4(02)-105/2019 giving the reference of APEX Court vide order passed in the Civil Appeal No. 1843 of 1998 [reported in Supreme Court Monthly Review 1999 at page No. 1404] for levying any tax and fee has given opinion that “any tax can be levied and fee charged if any services are provided to the payee, since DMC West is not providing any services to the tenants of SITE. DMC-West is not authorized under law to claim the subject fee which is being paid by them to SITE Ltd. for the services provided to them”.
SITE Association of Industry in its Petition prayed that all acts of DMC-West, Karachi are without any lawful authority and its members are not governed U/S100 and 103 of Sindh Local Government Act 2013 or with any rule of schedule 5 part 2 or schedule 6.
Association has also prayed that Judicial Magistrate XXIV Karachi West has acted to entertain DMC-West by issuing non-bailable warrants without lawful authority. There is no provision for the respondent No. 2, 3 and 6 to exercise any power under Sindh Local Government Act against the industries.
Association has prayed for the suspension or withdrawal of all notices, warrants and refund of the entire amount collected in the name of Trade License fee from the industrialists, since 2003.