In this matter, Raja Shujaat Ali Abbasi, a resident of Islamabad, moved the high court through Advocate Chaudhary Abdur Rahman Nasir, challenging the amendment in Motor Vehicle Taxation Act 1958.
The petitioner cited the federation of Pakistan through secretary finance, and the chairman FBR and excise and taxation department Islamabad through excise and taxation officer as respondents.
The petitioner contended that the respondents issued the notification dated June 30, 2019 amending thereby West Pakistan Motor Vehicles Taxation Act 1958 revising therein the schedule of payment of token tax which is unjust, discriminatory and violative of fundamental rights and the Constitution of Pakistan.
He added that the federal government in its referred notification fixed the life time token tax to the vehicles up to 1000cc while exempting the luxury cars from above 1000cc onward at their choice to deposit token tax on yearly basis without any restriction of depositing the token tax for life time.
According to the petition, "The respondents have imposed the Professional Tax and Income Tax on the token tax with varied amounts for filer and non-filer which is in itself unjust and illegal." It added that the amount of life token tax is mentioned as Rs 10,000 in the schedule of payment whereas the respondents are receiving/charging an amount of Rs 31,000 from the petitioner and public unlawfully.
The petitioner submitted that he owns Cultus Car 1,000cc and is being forced to deposit the life time token tax against his will and wish unjustly and discriminately.
Therefore, he prayed to the court that the aforementioned notification to the extent of amending the token tax schedule may be set aside and the respondents may be prohibited to collect token tax as per new rates and schedule from the petitioner and citizens of Pakistan by suspending the operation thereof, in the best interest of justice.