ISLAMABAD: Federal Tax Ombudsman (FTO) has again directed Federal Board of Revenue (FBR) Member Inland Revenue (Policy) to resolve the issue of excessive valuation of immovable properties in different areas of the country.
According to an order issued by the FTO on Thursday, FTO has also directed Member Inland Revenue (Policy) to hold meetings with the stakeholders and the complainant and address their grievances regarding excessive valuation of property and revise the valuation table accordingly if required.
The FTO has directed the Member-IR (Policy) to also dispose of the pending application dated July 10, 2023 on merits after providing opportunity of hearing in accordance with law; and report compliance within 60 days.
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The complainant filed complaint against “unrealistic” high valuation mentioned in FBR notification No. 1180(1)12022 dated 27.07.2022 for Agro Farms CDA Scheme-Ill, Sihala, Islamabad. The complainant further stated that he is the lessee of Plot No. 05, Agro farm/poultry and vegetable (P & V) scheme-Ill, Sihala acres/80 Kanals allotted by the Capital Development Authority (CDA) Islamabad.
In addition, delay in disposing of application of the complainant dated 10.07.2023 pending with the Member (Policy) and his failure to respond to concerns of the complainant amounts to maladministration in terms of section 2(3)(i)(ii) of the FTO Ordinance, 2000.
While disposing of own motion No. 0033/OM/2023, the FTO office gave findings to the effect that no such efforts have been made by the FBR nor have the field formations developed any method which could be followed by the valuation committees within their jurisdiction. Besides, there is no standing anomaly committee formed at any level to address concerns of the stakeholders in case inconsistencies are found or wrong valuation is made by the committees. Besides, the relevant Directorate General couldn’t add any value as it remained non-functional.
It was found that these omissions led to lack of appropriate method of valuation which resulted in inconsistency, inappropriate valuation, undervaluation/overvaluation, and arbitrary exercise of powers. All these lapses constitute maladministration in terms of section 2(3)(i)(b) and (ii) of the FTO Ordinance, 2000. Therefore, corrective measures are required by FBR in the existing valuation table for which the appropriate recommendations were made.
It was recommended that Member (Policy Wing) to develop SOPs containing suitable methods of valuation of immovable property and to constitute standing anomaly committees at appropriate levels to address grievances of the stakeholders on issues of valuation. It was further recommended that the Member (Policy) to hire competent and experienced valuers for valuation of properties for transparency and accuracy and take steps to formulate schedule for periodic revision of the valuation tables
It was found that serious omissions and commission have been made by the valuation committee in determining the valuation table of the Agro Farms, Sihala Scheme-Ill which failed to address genuine grievances of the complainant and which resulted in inconsistency, inappropriate valuation, undervaluation, overvaluation, and arbitrary exercise of powers. All these lapses constitute maladministration in terms of section 2(3)(i)(b) and (ii) of the FTO Ordinance, 2000.
It is observed that the valuation of property in Agro Farms, Scheme-Ill was substantially enhanced from Rs 2 million per kanal to 4 million per kanal through the said SRO. The department stated that valuation was made by the valuation committee after consultation with the property dealers/builders and developers. However, the department did not share composition of the valuation committee and minutes of the committee.
Besides, the department could not share the method of property valuation followed by the department while determining market value of the Agro Farms, Sihala Scheme-Ill property. The DR failed to give any answer regarding the question of valuation method followed by the valuation committee whereby the valuation of the farms, land was increased by 100% of the value fixed by the deputy collector/CDA.
It is further noticed that the complainant also filed representation to the Member-IR (Policy), FBR on 10.07.2023 and informed him about excessive valuation. However, no action has been taken by the department nor has the reasons for such high valuation conveyed to the complainant.
Copyright Business Recorder, 2024
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