Nepal | December 11, 2019

Govt urged to review apex court’s ruling in Ncell case

Himalayan News Service

Kathmandu, September 8

Chief Whip of Nepal Communist Party (NCP) Dev Prasad Gurung today urged the government to file a review petition at the Supreme Court, against the apex court’s recent verdict in the Ncell case.

The Supreme Court had given its verdict on August 26 in Ncell’s favour, in a case filed by the private telecom against Large Taxpayers’ Office, for imposing Rs 62.63 billion as applicable capital gains tax on Ncell, in its buyout deal.

A five-member full bench of the Supreme Court had decided that Ncell was expected to fulfil its capital gains tax liability from 6 February 2019, and not from the date the Large Taxpayers’ Office imposed capital gains tax on Ncell.

Ncell is supposed to pay around Rs 45 billion capital gains tax. Nepal Communist Party leader Gurung drew the attention of the government to file a review petition against the Supreme Court’s recent verdict, which could be heard by a grand jury.

A grand jury comprises members more than five justices of the Supreme Court. Lawmaker Prem Suwal of Nepal Workers and Peasants Party said the Supreme Court recently passed an order in favour of Ncell, in capital gains tax issues and the House should form a probe committee to initiate impeachment process against ‘erring judges.’

Lawyers have, however, said there was no chance of filing a review petition against the verdict of the Supreme Court as the case was decided by a five-member full bench. There were no legal ground to file review petition in this case, they said.

A version of this article appears in print on September 09, 2019 of The Himalayan Times.

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