AGL 38.50 Decreased By ▼ -0.06 (-0.16%)
AIRLINK 211.50 Increased By ▲ 3.73 (1.8%)
BOP 9.88 Decreased By ▼ -0.18 (-1.79%)
CNERGY 6.67 Decreased By ▼ -0.41 (-5.79%)
DCL 9.59 Decreased By ▼ -0.40 (-4%)
DFML 40.43 Decreased By ▼ -0.71 (-1.73%)
DGKC 100.00 Decreased By ▼ -3.46 (-3.34%)
FCCL 35.20 Decreased By ▼ -1.15 (-3.16%)
FFBL 87.50 Decreased By ▼ -4.09 (-4.47%)
FFL 13.98 Decreased By ▼ -0.62 (-4.25%)
HUBC 133.49 Decreased By ▼ -5.94 (-4.26%)
HUMNL 14.00 Decreased By ▼ -0.10 (-0.71%)
KEL 5.67 Decreased By ▼ -0.30 (-5.03%)
KOSM 7.25 Decreased By ▼ -0.61 (-7.76%)
MLCF 46.00 Decreased By ▼ -1.28 (-2.71%)
NBP 66.38 Decreased By ▼ -7.38 (-10.01%)
OGDC 218.50 Decreased By ▼ -4.16 (-1.87%)
PAEL 39.00 Increased By ▲ 0.89 (2.34%)
PIBTL 8.96 Decreased By ▼ -0.31 (-3.34%)
PPL 198.20 Decreased By ▼ -7.65 (-3.72%)
PRL 40.40 Increased By ▲ 0.55 (1.38%)
PTC 25.80 Decreased By ▼ -0.82 (-3.08%)
SEARL 102.85 Decreased By ▼ -7.39 (-6.7%)
TELE 9.05 Decreased By ▼ -0.18 (-1.95%)
TOMCL 36.90 Decreased By ▼ -1.31 (-3.43%)
TPLP 14.05 Increased By ▲ 0.28 (2.03%)
TREET 25.40 Decreased By ▼ -1.05 (-3.97%)
TRG 58.40 Decreased By ▼ -2.14 (-3.53%)
UNITY 33.80 Decreased By ▼ -0.34 (-1%)
WTL 1.71 Decreased By ▼ -0.17 (-9.04%)
BR100 11,957 Decreased By -341.5 (-2.78%)
BR30 37,521 Decreased By -1356 (-3.49%)
KSE100 111,611 Decreased By -3249.6 (-2.83%)
KSE30 35,071 Decreased By -1124.8 (-3.11%)

ISLAMABAD: The Supreme Court has directed the Federal Board of Revenue (FBR) to ensure that all its notifications which may affect the taxpayers are gazetted and placed on the Revenue’s website.

A three-judge bench, headed by Chief Justice Qazi Faez Isa, and comprising Justice Aminuddin and Justice Athar Minallah, on Wednesday, heard the review petition of Commissioner Inland Revenue, Peshawar against the M/s Shiraz Restaurant.

The bench dismissed the Commissioner Inland Revenue’s petition with cost - Rs10,000, asking the counsel to deposit this amount in any charity organisation of his or the petitioner’s choice within a week and submit its receipt in the apex court for record. The SC office is directed to send this order to the chairman FBR for circulation to the Regional Commissioners Income Tax.

The court noted that the FBR should be more transparent as it is the highest tax-collecting body in the country. It said non-transparency and the concealment of the documents by the tax authorities have overburdened the high courts with references and encroached upon the limited time of the apex court.

It further said that this case is a good example of how the cases are presented and the indulgence shown by the Commissioner. The Court noted that Assistant Commissioner Inland Revenue, Peshawar, Sohail Ahmed, the gentleman, who represented the department, was not aware of the notification regarding the delegation of power to the Inland Deputy Commissioner Peshawar to amend the assessment.

The order said such orders must be gazetted and displayed on the website of the FBR, as it will not only benefit the officers, who represent the FBR but also the taxpayers.

According to the detail, the commissioner inland revenue had delegated his power to the deputy commissioner revenue to amend the assessment against the respondent (M/s Shiraz Restaurant), which he challenged in the Peshawar High Court (PHC). The high court rendered a verdict against the department, therefore, it approached the apex court. The Supreme Court has also rejected the department’s petition, and thus the review petition.

During the proceedings, the chief justice said the legislature thinks that the deputy commissioner revenue is not competent to amend the assessment, but the commissioner thinks he is, adding the Supreme Court is there to implement the laws made by the parliament.

He said the order was passed by the Deputy Commission Revenue, who was not authorised. The CJP asked Assistant Commissioner Revenue Sohail Ahmed, who represented the department, to show the notification which shows that the deputy commissioner revenue can amend the assessment. He, however, failed to produce the notification and also admitted that it was not gazetted.

The bench noted that it is beyond comprehension why such an order was kept concealed, adding that such an order is used in appropriate cases and to suppress the taxpayers. It said if the FBR does not generate confidence in the public then it would complicate the issue of collecting more taxes.

Copyright Business Recorder, 2023

Comments

Comments are closed.