KATHMANDU: Ncell, a leading telecommunication of Nepal, has filed a writ petition at the Supreme Court (SC) once again saying that Large Tax Payers Office ‘unusually’ determined tax following the verdict of the apex court.
Prashanna Shrestha, a representative from privately-owned mobile network operator ever in Nepal, filed the writ petition.
Shrestha has, in the writ petition, argued that the tax be determined in accordance with Section 99 of Income Tax Act, 2002.
Shrestha moved the court after the Large Tax Payers Office maintained that Rs 39 billion 668 million 481 thousand and 571 should be paid in revenue in line with Section 101 of Income Tax Act, 2002.
Ncell has vehemently stated that the amended tax rate is against the SC’s verdict and contravenes Income Tax Act, 2002.
Ncell, in the written petition, said, “The decision taken by the Large Tax Payers Office on April 16 contravenes the spirit of the Supreme Court’s verdict and violates the constitutional norms.”
Ncell has also claimed that office should have informed it about the amended tax prior to imposing the tax on it.
Ncell has urged the office of the Large Tax Payers Office to scrap its decision as it was taken without taking the legal provision into consideration, arguing that the company should be made liable to pay the additional interest due to the mistake of the tax office.
“Ncell has already cleared 15 percent of the capital gains tax or Rs 21 billion 548 million 55 thousand 9 hundred of Rs 143 billion 653 million 706 thousand that is remained after deducting cost price of Rs 1 billion 128 million 800 thousand from selling price Rs 144 billion 782 million 506 thousand in line with the Section 99 of Income Tax Act, 2002. Of the total 25 percent, now Ncell is liable to only pay Rs 10 percent (Rs 14 billion 365 million 370 thousand 6 hundred),” reads the petition.
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