ISLAMABAD: The Federal Board of Income (FBR) has delayed disciplinary proceedings in opposition to two senior tax officers concerned in illegal restoration in opposition to a taxpayer by checking account attachment of a Karachi-based taxpayer.
The FBR appears to be reluctant to provoke disciplinary proceedings in opposition to two of its senior officers posted at Islamabad and Abbottabad regardless of trip of keep order from Islamabad Excessive Court docket (IHC) and affirmation of the Federal Tax Ombudsman (FTO) order by President Arif Alvi, in a case of illegal restoration by financial institution attachment of a Karachi primarily based taxpayer as a substitute of precise tax defaulter of Haripur.
When contacted, tax lawyer Waheed Shahzad Butt who’s representing the Karachi primarily based taxpayer earlier than IHC mentioned that within the context of FTO’s jurisdiction, the FBR officers are continually difficult the FTO’s orders for the final a few years. It’s excessive time that drastic steps need to be taken by FBR Chairman to take motion in opposition to the officers violating the legal guidelines at their very own candy will and creating unhealthy identify for the FBR.
In accordance with the taxpayer, the FBR officers posted at Haripur & RTO Abbottabad, with out contemplating the truth that the complainant was assessed to tax at RTO Karachi in opposition to whom no tax demand was excellent and with out serving on him any prior discover, illegally hooked up his financial institution accounts and recovered Rs.1.714 million.
Waheed advised this correspondence that President Dr Arif Alvi has confirmed the previous FTO Mushtaq Sukhera order to recuperate Rs.0.450 price and compensation personally from Commissioner & IRO, Haripur/Abbottabad and pay the identical to the complainant taxpayer for unlawful attachment of checking account.
Waheed additional added that earlier President of Pakistan has totally endorsed the verdicts of former FTO in varied instances similar to in No. 66/2002-Rep (FTO) Legislation it states “sub-section (6) of part 14 of the 2000 Ordinance offers that if the FTO has cause to imagine that any tax worker has acted in a fashion warranting disciplinary proceedings in opposition to him he could refer the matter to the suitable authority for essential motion.” In F.No.11/2003-Legislation (FTO), No. 12/2003-Rep(FTO)Legislation and No. 218/2004-Legislation(FTO), President has rejected the representations of the FBR workers in opposition to FTO with the instructions that “the Chairman CBR shall institute an enquiry to search out if any disciplinary motion in opposition to CIT could be correct and justified”, “CBR shall take applicable disciplinary motion in opposition to the officers.”
Copyright Enterprise Recorder, 2023
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