Exporters and trade bodies have approached Federal Board of Revenue (FBR) Chairman Tariq Pasha to immediately withdraw the letter issued to the Post Clearance Audit (PCA), Lahore, to investigate a complaint against exporters of fruit, which was found fake/fabricated complaint without any legal backing.
In this regard, Ministry of Commerce, Trade Development Authority of Pakistan (TDAP) and trade bodies have also requested Tariq pasha to take serious notice of investigation against exporters based on fake/fabricated complaint having no legal weightage. The letter issued by the FBR to the PCA Lahore to investigate fake and fabricated complaint be withdrawn immediately, exporters said.
Moreover, Pakistan Fruit and Vegetable Exporters, Importers and Merchant Association (PFVA) and other trade bodies have asked new Chairman FBR Tariq Pasha to stop alleged harassment of exporters of fruits by PCA, Lahore, based on fake/fabricated complaint.
It is not clear why the FBR's concerned customs department is reluctant to withdraw FBR letter on investigation based on the fake complaint. A tax expert told Business Recorder that the said directorate is still pursuing case of these exporters on basis of fake and fabricated complaint. Federal Board of Revenue (FBR) has not empowered Directorate PCA Lahore to conduct the DTRE related audit for last five years, while the Board's was given direction that the competent authority has assigned an investigation into the pseudonym complaint received from All Pakistan Paper Merchant Association to the said directorate, but didn't empower to call the five years record from exporters to conduct the DTRE related audit. Legally, the exporters have already been undergone the audit from collectorate of customs within the right jurisdiction after expiry of every DTRE approval.
Exporters are surprised that the said directorate Lahore is continue calling Kinnow exporters for investigation audit on basis of that paper words which have already been declared fake and fabricated and even that FIR has been launched against that anonymous person who used the letterhead of APPMA. The FBR had received a fake complaint of APPMA about Kinnow exporters under DTRE scheme and FBR forwarded this to the Directorate of Post Clearance Audit, Lahore to investigate the pseudonym complaint.
On the other hand, APPMA already disclaimed the false and fabricated complaint and also filed the FIR against unknown person for using their letterhead with the police station, Anarkali, Lahore. Therefore, PCA Lahore issued notices to Kinnow exporters to called the DTRE audit related record for last years instead of investigate the facts of the complaint.
Another expert said that there are various legal references available about anonymous or pseudonym complaints. Wafaqi Mohtasib (Investigation and Disposal of Complaints Regulations 2013) also clearly stated that investigation of a complaint shall, be closed when it is found that (w) the complaint is anonymous or pseudonymous. The Federal Tax Ombudsman (FTO) rule-1(d) also didn't allow that complaints cannot be filed on matters which are anonymous or pseudonymous complaints.
Section 11 of the Tribunal's Regulations also requires that a complaint be filed in writing and include, among other things, the complainant's name, address, telephone number, fax number, electronic mail address and signature (or the signature of an authorized representative).
The Tribunal has dismissed several anonymous complaints because the complainants did not comply with these requirements. The FBR being a regulatory authority itself issued some specially the Circulars letter No. 11 of 1986 dated 12.05.1986 and Circular No. 17 of 1988 dated 22.12.1988 for anonymous or pseudonym complaint that it has been represented to the Board that income-tax officers initiate enquiries on the basis of anonymous/pseudonymous complaints. Such enquiries, besides causing harassment to tax-payers, also result in waste of time as no tangible benefit accrues to the revenue. Where the complainant is not known or traceable, the anonymous/pseudonymous complaint should not be entertained.
The Federal Investigation Agency (FIA) Inquiries and Investigations Rules 2002 are also very much clear that "no action shall be taken on any anonymous or pseudonymous complaint."
The consumer laws in Pakistan also do not permit that the anonymous or pseudonymous complaints will not be accepted. The rules and instructions issued by the Services and General Administration Department, provincial governments in Pakistan, for strict compliance also make it clear that complaints received through anonymous or pseudonymous sources should be ignored.
Sources claimed that no action should be taken on anonymous or pseudonymous complaints in line with rules and regulations prevailing in Pakistan, which are very much clear that fake/fabricated complaints have no value and should not be entertained.
The FBR also acknowledged in various communications with other government authorities that it is an imaginary story, while the PCA Lahore don't have any logic to start investigation just based on frivolous and concocted information since the reply from All Pakistan Paper Merchant Association is self-explanatory very clearly stating that the complaint is false and fabricated and also filed the FIR against unknown person for using fake letterhead of their Association.
Exporters are very much clear that the genesis of the whole matter lies in the anonymous complaint, and there is just mudslinging the exporters or to discourage the business activities.
All exporters mentioned in the false/fabricated complaint have been exporting fruits and vegetables to various countries for many years under DTRE scheme and the audit as per the DTRE Rules referred in SRO-450/(I)/2001 dated 18.06.2001 has regularly been conducted by the competent authority having jurisdiction over the matter. The records of the exporters have regularly been examined and there had been no contravention reported, hence the issuance of the notice for production of record is illegal.
In addition to this, the Collectorate of Customs, Faisalabad, have already been thresh out the same issue a few months back including the surprise physical visits of the exporters manufacturing premises and accordingly sent a satisfactory report to FBR.
Exporters associations, SCCI, TDAP and other trade bodies have approached finance minister, Ministry of Commerce and new FBR chief to stop this type of harassment and issue directives to PCA Lahore to stop issuing the unnecessary notices to exporters, as this would not only hurt exports but will also discourage business activities in the country and this may create more degeneration, meanness and abased situation. Exporters have much confidence that new FBR chairman would give directions to stop this type of irrational and unlawful practice.
Comments
Comments are closed.