The enforcement action against the taxpayers to depute sales tax officials at their business premises to monitor sales and clearances is against the tax policy of self assessment scheme.
Tax Experts told Business Recorder on Monday that the Federal Board of Revenue (FBR) had issued instructions to the field formations to initiate enforcement proceedings under section 40-B of the Sales Tax Act (STA) in selective cases.
The directive was issued to the collectors of sales tax during last collector's conference. According to experts, enforcement of section 40-B is against the FBR's policy to decrease the discretionary powers of the tax officials.
On one hand, the FBR has directed the sales tax officials not to directly visit the business premises of taxpayers for obtaining records for audit. If record is required, the taxpayer should hand over the relevant information to the taxpayers. On the other hand, the board has also permitted the tax officials to exercise harsh provision of section 40-B in selected cases.
The powers under section 40-B is a clear contradiction of government policy of self assessment regime. The simultaneous enforcement of two contradictory tax policies is against the reform program which focused on eliminating interaction between the taxpayers and tax collectors.
It is worth mentioning that the Board had ordered Collectors of Sales Tax to invoke a harsh provision ie section 40B of the Sales Tax Act 1990 to depute sales tax officials at the business premises of manufacturing units, hotels/ restaurants and any other business establishment where massive revenue leakage is taking place. Section 40-B empowers the FBR to post sales tax officers at the premises of registered person to monitor their production, sale of taxable goods and stock position.
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