Over 359 Inland Revenue Audit Officers (IRAOs) of the Federal Board of Revenue (FBR) have requested Finance Minister Ishaq Dar and Chairman FBR Tariq Bajwa to implement the judgement of Lahore High Court and upgrade the IRAOs to post of BS-18.
It was learnt on Sunday that the in the light of the judgement by the Double Bench of LHC, Muhammad Afzal Malik President, FBR Inland Revenue Audit Officers Association, on behalf of over 359 Inland Revenue Audit Officers, requested the authorities concerned to implement the aforesaid judgement and upgrade the Inland Revenue Audit Officers to BS-18 to remove the disparity among the IRAOs and maintain the equity among all FBR employees. The President IRAOA assured that after this up-gradation, the scope of IRS would be certainly strengthened and the Revenue would boost up, which is the need of hour.
A meeting of Inland Revenue Audit Officers Association (IRAOA) was convened to celebrate the landmark decision dated February 19, 2014 by Double Bench of Lahore High Court, Lahore in Intra Court Appeal No 303 of 2011.The meeting was attended by office bearers of different RTOs/LTU Muhammad Afzal Malik (the President of IRAOA) Muhammad Afzal Khan (senior Vice President IRAOA), Abidullah Jan (the General Secretary IRAOA) RTO, Peshawar, Zafar Shirazi (Lahore President) Hafiz Mashood Ahmad, Abdul Basit & Atif Qureshi (Members Legal Team RTO, Lahore) Mian Muhammad Akram, Vice President IRAOA RTO, Gujranwala, Khalid Lukhwaira RTO, Bahawalpur, Muhammad Amjad, RTO, Multan, Muhammad Farooq RTO, Rawalpindi, Shafique Anwar Khan, Ahmad Sohail, Muhammad Nawaz and other IRAOs of the RTO, Faisalabad.
Muhammad Afzal Khan (senior Vice President IRAOA) informed the participants that the Double Bench of LHC vide judgement dated 19.02.2014 in Intra Court Appeal No 303 of 2011 relying upon the landmark judgement of Supreme Court of Pakistan in Civil Petition No 325 to 397 and 429 of 2010 has allowed the Writ Petition No 21651/2010 filed by IRAOs seeking up-gradation from BS-17 to BS-18 and dismissed the Intra Court Appeal No 303 of 2011 filed by the Department.
Muhammad Afzal Khan (Vice President IRAOA) informed that Writ Petition No 21651 of 2010 filed by IRAOs seeking up-gradation to BS-18 in accordance with Government Policy was allowed by the Court vide Order dated 24.05.2011. The Department filed Intra Court Appeal No 303 of 2011 which was earlier allowed on short ground that writ petition had not been formally admitted. The IRAOs assailed the judgement dated 10.10.2012 before the Supreme Court of Pakistan through Civil Petition No 78 of 2013. The Apex Court vide judgement dated 05.04.2013 accepted the appeal, set aside the judgement dated 10.10.2012 and remanded the matter to Double Bench of Lahore High Court, Lahore to decide the appeal on merits.
Double Bench of LHC vide judgement dated 19.02.2014 held that the Apex Court in its judgement dated 15.2010 in CP No 325 to 397 and 429 of 2010 categorically held that once there is a policy and some of the departments have already been allowed to up-grade their posts then there should have not been any discrimination towards the other department and such issue should have been resolved amicably without consulting to the Establishment Division".
The court also held that "It is settled principle of law that where a question of law and fact has been decided by a Tribunal or by the Apex Court, it covers not only the case of Civil Servants who litigated, but also of others Civil Servants, who may have not taken legal proceedings, in such a case, the dictates and rule of good governance demand that benefit of such judgement by Service Tribunal/Supreme Court be extended to others Civil Servants, who may not be parties to the litigation instead of compelling them to approach the Service Tribunal or any other forum".
The IRAOs have offered their expertise in audit, investigations and detection of tax frauds for maximisation revenue collection at this critical juncture. The President IRAOA informed that in RTO, Faisalabad they have detected mega tax scam through which significant recoveries are expected. They have already detected modus operandi adopted by unscrupulous elements who have been found indulged in tax mega evasion of tax payable after issuance of SRO 283(I)/2011 dated 01.04.2011 amended vide SRO 1125(I)/2011 dated 31.12.2011. He informed the participants that there is a big scope for instant recoveries of tax payable at the reduced rate of 5%. Thus, special attention should be paid for its implementation across the country. The Association also shared their experience that massive tax evasion in hoteling & catering sector, mining sector, from the General Order suppliers is detected by the Inland Revenue Audit Officers who are fully equipped with an enriched experience of audit, investigation & prosecution through which more that 100 million rupees may be recovered. The President of Association requested the all IRAOs to get their sleeves and put all out efforts for maximum collection of revenue during the last quarter of 2013-14 so that the target fixed by the government of Pakistan can be achieved.
The association requested the all IRAOs to give extra time for recoveries of arrears and current demand and recoveries established from the CREST.
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