ISLAMABAD: The Lahore High Court (LHC) has disposed of writ petitions filed by five Inland Revenue Commissioners (IRCs) of the Federal Board of Revenue (FBR) including former Member Policy FBR, against the office of Federal Tax Ombudsman (FTO) Mushtaq Ahmed Sukhera, who has ordered the FBR chairman to form an inspection team to check corrupt practices in the tax machinery (FBR).
The LHC has forwarded the matter of five Commissioners including former Member Policy-FBR to the FTO Sukhera, with the directions to treat it as objections against pending proceedings on behalf of petitioners and while determining question of jurisdiction before proceedings further decide the matter, strictly in accordance with law after hearing the petitioner and all concerned through a speaking order within a period of 30 days.
Tax lawyer Waheed Shahzad Butt, who is a whistleblower before FTO in numerous cases of maladministration of justice by FBR tax employees, told this correspondence that it was rare that a government department like FBR, responsible for collecting revenue, had approached a High Court against a Constitutional office that was responsible for checking corrupt practices.
Waheed further added that earlier a Division Bench of Peshawar High Court (PHC) has dismissed a writ petition filed by five FBR Commissioners against the FTO, who has ordered the FBR Chairman to form an inspection team.
The PHC declared the arguments of the petitioners as "misconceived" because the FTO could investigate any allegation of maladministration on the part of the Revenue Division or any tax employee of his own motion. The petitioner, being a civil servant, shall in no manner be considered an aggrieved person, it added.
The court held that the office of FTO did not require the presence of a complaint, particularly when there was an overwhelming perception of rampant corruption in the tax hierarchy.
The FTO letter to the chairman FBR for constitution of inspection team for investigation of allegation of malpractice with corrupt motives in discharge of duties falling within the ambit of maladministration cannot be said to illegal or against the provision of FTO Ordinance, 2000. The petitioner being a Civil Servant shall in no manner be considered as aggrieved person.
The FBR being mandated with a fiscal duty of collection of tax from the subjects of this country as such they should not hesitate from presenting themselves for accountability in order to have trust of the public that the tax collection is transparent.
The LHC order states, this order shall also dispose of writ petitions as common questions of law and facts are involved in these cases. It is contended by the learned counsel for petitioner that impugned order passed by the FTO is not only in violation of Section 9(2) of the FTO Ordinance, 2000 but is also against law. Adds that impugned proceedings are absolutely illegal and without jurisdiction.
Further submits that he would be satisfied if copies of this petition, as well as, connected petitions along with all annexures are sent to FTO to treat the same as representation/objections against the pending proceedings.
This petition, as well as, connected petitions along with all the annexures to FTO with the direction to treat it as objections against pending proceedings on behalf of petitioners and while determining question of jurisdiction before proceedings further decide the matter, strictly in accordance with law after hearing the petitioner and all concerned through a speaking order, within a period of 30 days, the LHC ordered.
Copyright Business Recorder, 2021
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