ISLAMABAD: Islamabad High Court (IHC) has issued notices to the Commissioner IR and Assistant Commissioner IR of Corporate Tax Office, Islamabad in a contempt of court petition, allegedly filing false statements before the IHC in a matter of implementation of orders passed by Federal Tax Ombudsman.
The IHC has also personally summoned Assistant Commissioner Inland Revenue (ACIR) to appear in person before IHC.
It is learnt that a contempt petition has been moved against CTO tax employees allegedly for their false statements before IHC, wherein after hearing the petitioner, IHC issued notices to both tax employees.
The petitioner stated “Notices for 2014, 2015 & 2017 were deleted while as for tax year (TY) 2018, the IRIS profile status of the Petitioner is still in-active. Electronic document number (EDN) is still lying in the IRIS profile of the Petitioner and has not been deleted/withdrawn and order passed by FTO also confirmed by the President has not been complied with. Petitioner earlier on numerous occasions visited the CTO and also vide letters dated 14.06.2024, 27.06.2024 & 27.06.2024 to the Respondents sought proof of deletion/withdrawal of Notice. Respondents in contumacious disregard of IHC have not complied with their own statement before the IHC.”
The IHC order stated that the petitioner contends that the Tax Department made a false representation to the Court on the basis of which the petition was disposed of. Petitioner states that a complaint filed before the FTO, which was decided, in which it was recorded that the petitioner had filed its tax return for the tax year 2018 and subsequently directed the Tax Department to revisit its order passed under Section 120. Instead of recalling its order reflecting that a tax return for the tax year 2018 had not been filed, the Tax Department simply deleted the observations within the electronic data base against which the petitioner filed W.P.
This was then disposed of on the basis of a statement by the Tax Department that the order of the FTO had been complied with and no adverse action had been taken against the petitioner. Filing status of the petitioner in FBR’s database for the tax year 2018, is being reflected as inactive due to which the petitioner is unable to seek refund for the relevant tax year. Notice for the tax year 2018 by the Tax Department asserting that tax return for the tax year 2018 has not been recalled and is still in the system and has not been deleted.
Let notices be issued to the respondents for August 19, 2024. Let respondent appear in person along with the relevant record on the next date of hearing to satisfy the Court that the representation made on June 6, 2024 was correct, IHC order added.
Copyright Business Recorder, 2024
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