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The collectorates of Customs, Sales Tax, and Central Excise have refused to follow instructions of Central Board of Revenue (CBR) to withdraw frivolous appeals filed by the department against the business community. The regional collectorates have not yet withdrawn appeals in cases where higher courts have given their decision despite CBR's directives to forthwith withdraw all such appeals.
Sources told Business Recorder here on Thursday that collectors of appeals have informed CBR Chairman Abdullah Yusuf during collectors' conference (adjudication/appeals) that not a single appeal has so far been withdrawn and tax officials are still filing appeals on frivolous grounds against the taxpayers.
It was decided in the last collectors conference that all frivolous appeals or appeals on the issue which have already been settled by the higher judicial fora must be withdrawn immediately. Over six months have passed and the relevant authorities admitted in a meeting with the CBR chairman that decision to withdraw frivolous appeals is not being implemented which clearly points towards lack of co-ordination among different organs of the CBR.
At present, the appeals are filed under the signature of the assistant collectors and the deputy collectors by the department against the taxpayers/units mostly on frivolous grounds.
The collectors and additional collectors did not bother to examine the justification for filing of appeals.
This resulted in the increase in the number of fake appeals instead of any reduction as claimed by the CBR, sources added.
The CBR has issued many directives to collectorates of Customs, Sales Tax and Central Excise to identify cases where the department has filed frivolous appeals for withdrawal, but it seems the regional adjudication authorities did not take CBR's instructions seriously.
This would be the biggest challenge for the CBR Chairman Yusuf to ensure implementation of the CBR's decisions at the level of collectorates/commissionerates, etc.
Yusuf has repeatedly reiterated at different forums that harassment to the taxpayers is the story of the past, but the statement of Collectors of Appeals that not a single frivolous appeal has been withdrawn shows other side of the picture.
There is a need for system to monitor Collectorates of Adjudication on regular basis so that CBR's instructions should be timely implemented by the field formation.

Copyright Business Recorder, 2004

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