Fuel Price Adjustment - Islamabad High Court

W.P No.2972/2011 Page 22 of 67by the distribution companies allowed by theNational Electric Power Regulatory Authority, hereinafter referred to as NEPRA.4. Learned Counsel appearing on behalf of thepetitioners argued the case at great length. The cruxof their arguments is given in the followingpassages.5. Malik Qamar Afzal, Advocate Supreme Courtmade a comprehensive reference to the NEPRA’spowers, structure and historical back ground. Hisarguments are:• Executive order/notification which isdetrimental or prejudicial to the interest of aperson cannot operate retrospective. Howevera beneficial executive order/notification can begiven retrospective effect. He has placedreliance upon 2005 SCMR 492, PLD 1997 SC1027.• Fiscal liability is to be construed strictly andno fiscal liability can be imposed on past andclosed transaction, PLD 2011 Karachi 437,2011 PTD 1460, 2009 PTD 722.• Every fiscal statute contains three distinctcategories i.e., charging, collection andassessment provisions. Charging provisionshave to be construed strictly and any benefitfound therein has to be given to the tax payer.(2010 PTD 635, 2009 PTD 1473)• There exists a glaring gap between the monthfor which FPA is determined and demand of