Observes decisions are not made on basis of speculations; Hanif Abbasi seeks disqualification of Imran, Tareen for hiding wealth
ISLAMABAD: The Supreme Court (SC) on Monday observed that PTI chief Imran Khan will have to present details of offshore companies as the court cannot declare anyone disqualified on the basis of speculations.
The apex court was informed that Imran had not declared his properties in the wealth tax as he was required to do so under the Wealth Tax Act 1963; hence this omission renders him guilty of disqualification being non-Ameen, and non-sagacious.
A three-member bench of the apex court, headed by Chief Justice Mian Saqib Nisar, heard PML-N leader Hanif Abbasi’s petition seeking disqualification of PTI chief Imran Khan and Secretary General Jehangir Tareen over their alleged tax evasion.
Muhammad Akram Sheikh, counsel for the petitioner Hanif Abbasi, while continuing his arguments, submitted that the Niazi Services Limited was owned by three companies. It was mandatory that Imran Khan placed all those documents, which he had not. He said there was not one offshore company but three that Imran Khan had.
“We do not have structure, possession and ownership of three companies," Akram Sheikh said adding that this was only the property ofServices Limited (NSL) with further more three companies and he need to have structure of those companies.
It was imperative legally to place all those documents but he did not, Sheikh contended. The Chief Justice then said, “We should stick to the point that the respondent did not declare properties in his wealth tax which he (Imran Khan) was required to do so under the Wealth Tax Act 1963 though the NSL was established in 1982 and the PTI chief became the income tax filer in 1983.”
“Yes my lord,” replied Akram Sheikh adding that the omission in the wealth return amounts to manifest and deliberate misconduct, mis-declaration which renders Imran Khan guilty of disqualification.
Justice Atta Bandial asked the learned counsel that his case is about the capital asset. The chief justice noted that there is no disqualification clause in the Income Tax law. Akram Sheikh requested the court to summon the record of the Imran Khan’s income tax and the wealth tax return statements from the Federal Board of Revenue as they are not providing that record to them. “I don’t have access to that record. It is public record,” he said.
The chief justice asked him to move an application for summoning the record. The counsel for PML-N leader replied that he has already moved an application in this record.
He said Imran Khan gave contradictory statements regarding the ownership of a flat. At one point, he called himself the absolute owner of flat, but then he called himself beneficial owner of the flat.
The counsel said in 2000, Imran Khan availed tax amnesty scheme regarding the flat. He questioned how PTI chief could avail the amnesty scheme as an individual if the offshore companies owned the flat? Why would he pay tax on a property, which was owned by the three offshore companies? he further asked.
He contended that if Imran Khan has claimed that he bought the flat to save tax then why did he later ‘voluntarily’ declare the same flat and paid tax on it.
Meanwhile, Hanif Abbasi filed an application requesting the court to direct Imran Khan to provide the bank statement of Account No.9010327943 held with Citibank, Islamabad, in Rashid Ali Khan’s name from March 2002 to January 2003.
He sought bank statements of Jemima Khan’s accounts in the United Kingdom and remittance confirmations issued by Jemima Khan’s banks in the United Kingdom equivalent to US$660,693 and the bank statements of Imran Khan of March 2003.
He sought income Tax and Wealth Tax Returns of PTI chairman for the financial years 2001-2002 and 2002-2003. He sought bank statement of Imran Khan’s bank account in UK of April 2003 to December 2003, or correspondingly deposit confirmation of the amount of US$660,693 to the account or accounts of Jemima Khan in the United Kingdom.
He sought Imran Khan’s Income Tax and Wealth Tax returns of financial years 2003-2004 and 2004-2005. Wealth tax statements from the year 1983 to 2003 filed by Respondent No. 1 under the Wealth Tax Act, 1963.