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The Federal Tax Ombudsman, Justice Saleem Akhtar's statement that he would recommend review of Section 9 (2) B has been widely acclaimed by members of business community.
Engr M A Jabbar, Vice-President, Federation of Pakistan Chambers of Commerce and Industry (FPCCI), said that the apex trade body concurs with FTO on the need to strengthen the institution for its effective decision implementations for consolidating the gains.
He said FPCCI has already sent its recommendations to the President of Pakistan and other high-ups identifying the areas which by way of amendments in the FTO Ordinance could strengthen the institution for speedier access to justice to tax payers.
He said that the present government deserves highest appreciation on giving birth to the institution of Federal Tax Ombudsman (FTO) which during the course of conducting its business has identified many areas in tax laws requiring clarifications.
He has also identified areas requiring reforms in tax administration for working improvement.
He said that it is time that the gains be consolidated by strengthening the institution in specific by appropriately amending the section 9(2)B and section 32 of the ordinance.
Jabbar who also oversees legal and arbitration committee affairs said that the amendment suggested by FPCCI in 9(2)B and section 32 of the FTO ordinance have already been sent to the highest office for their consideration.
The office of FTO is attending to the problems of businessmen helping them to build the confidence for increasing the required investments in the country and the job and service rendered by FTO could be seen from his having attended more than 4000 complaints of tax payers.
He said that section 32 allows representation against the recommendations of FTO to President which requires better drafting, re-thinking and review to meet the ends of justice.
The section in its present language is silent on the issue of its mode and manner in respect of disposal of the representation.
He said that while suggesting amendment in section 9(2)B , FPCCI had in mind that the amendment will freeze the interpretations of the present language section as presently the implications of its interpretations has defeated the purpose of the federal tax ombudsman law rightly said by FTO.
The suggestion is limited to seeking addition of words "except in cases of maladministration in clause b of sub section 2 of section 9 after the words relevant legislation.
Jabbar said that the present government will earn highest appreciation of businessmen if the identified areas are given due consideration for amending the FTO law so that the confidence building measures for increasing investments are ensured by the effective working of the office of FTO.
It can help in promotion of economy by further re-imposing trust of tax payers that any imbalance and any departure from the settled rules of doing business will be taken care by FTO through his speedier disposal in the well defined working mechanism of the law ensuring the meeting of justice and end results in minimum possible time framework.
This will also serve the purpose for which FTO has been legislated to work, he said.

Copyright Business Recorder, 2004

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