ISLAMABAD: The higher courts, including the Supreme Court of Pakistan, have disposed of 934 tax cases involving revenue of Rs81.7 billion during the last quarter (Oct-Dec 2020), whereas 1,240 cases involving revenue of Rs168.5 billion have been decided by the Appellate Tribunal Inland Revenue, during the same period.
According to details released by the FBR here on Tuesday, the Board is making all out efforts by taking several steps to improve the disposal of tax litigation cases pending in different appellate fora including Commissioners Inland Revenue (Appeals), Appellate Tribunal Inland Revenue, High Courts and the Supreme Court of Pakistan.
The FBR has launched the simplified process at the first appeal i.e. Commissioners Appeals-level by implementing the e-filing of appeals since 1st Jan 2021. Through e-filing, taxpayers can simply file appeals against an appealable order, online, without hassle of going to their respective field office.
Even prior to launch of e-filing, disposal of cases have been surpassing the assigned targets as per the performance agreement.
For the period from July to Dec 2020, target of disposal assigned to the CsIR (Appeals) was 7,818 appeals against which a total of 17,768 appeals were disposed of which is in excess of the target by a huge margin, the FBR said.
Similarly, on the FBR’s request, special benches for hearing of tax cases have been constituted by the Sindh High Court, the Lahore High Court and the Islamabad High Court for early hearings and speedy disposal of tax-related cases.
In addition to that a new policy has been introduced for the induction of competent lawyers, so that government revenue is not left at the stake of amateur lawyers.
As a result of these ongoing efforts, in the last quarter (ending December, 2020) 934 tax cases have been disposed of by the High Courts and the Supreme Court with the revenue involved amounting to Rs81.7 billion.
Moreover, 1,240 cases with the revenue of Rs168.5 billion involved have been decided by the Appellate Tribunal Inland Revenue during the same period.
It is also informed for the benefit of taxpayers’ that the institution of ADRC (Alternate Dispute Resolution Committee) has also been mobilised by virtue of which taxpayers’ are encouraged to get their cases settled through these committees in a much lesser time and without incurring litigation cost.
So far on application by the taxpayers, 18 committees have started working for resolution of the cases.
The FBR further clarifies that by virtue of a major facilitative change in law vide Finance Act-2020, an applicant taxpayer, in order to apply for resolution of case by the ADRC, is not required to withdraw his case pending in any other appellate forum.
In order to win trust of the taxpayers in this system, the law requires that members of the ADRC apart from the relevant chief commissioner would also include respectable reputable judges, chartered accountants and businessmen nominated by the chambers of commerce.
The committee is also empowered to stay the process of recovery in hardship cases.
The FBR also clarifies that the taxpayers’ application has to be finalised by the Committee within a short period of 120 days which is itself a big relief considering the usual time taken in various appellate fora before a case attains finality.
Copyright Business Recorder, 2021
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