ISLAMABAD: President Asif Ali Zardari has confirmed a landmark order issued by Federal Tax Ombudsman (FTO), who has directed the Federal Board of Revenue (FBR) to reprimand the officers who took the coercive measures (bank attachments recovery) during the pendency of appeal before the first appellate forum.
It is learnt that a Gujranwala-based taxpayer, Usman Iqbal Aujla, through advocate Waheed Shahbaz Butt had filed a complaint against the maladministration by FBR functionaries to recover funds from his bank accounts without following due process of law.
After comprehensive investigation and detailed hearings before the Adviser Rana Hassan Akhtar, a landmark order has been issued by the FTO Dr Asif Jah against the FBR functionaries involved in illegal tax recovery moves.
FBR has challenged this order before the President Zardari has confirmed this order with additional observation that opportunity of hearing to officers be provided before taking action against them.
When contacted Waheed Butt told that while recovery from the bank account of the taxpayer, the conduct of FBR officers was tantamount to maladministration and administrative excess in the discharge of duties were also the acts of maladministration, for which the forum of FTO is the only remedy available to the taxpayers of Pakistan.
It is fundamental that all statutes be applied with fairness and justice, and public functionaries like FBR officers are constitutionally mandated to act in a just and fair manner. Every public functionary including FBR officers are obligated to adhere to the commands of the Constitution. Public functionaries are duty-bound to act in accordance with the law, Waheed Butt added.
FTO recommended FBR to direct the CCIR concerned to reprimand the officer concerned who took the coercive measure in this case during the pendency of appeal before the CIR (Appeals), in clear violation of FBR’s own Circulars.
The FBR should direct the Member-IR (Operations), to examine such cases across the country and to see whether instructions conveyed are being complied with and to take remedial action wherever required and issue warning to the tax functionaries involved in violation of said instructions, FTO ordered.
Copyright Business Recorder, 2024
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