FBR urged to withdraw discretionary powers

The Federation of Pakistan Chambers of Commerce & Industry (FPCCI) Budget Advisory Council under the chairmanship of Senior Vice President Syed Mazhar Ali Nasir has urged the Federal Board of Revenue (FBR) to withdraw the discretionary powers vested with the tax officials to avoid their misuse, provide relief to the taxpayers, simplify taxation law and restore the diminishing confidence of the business community in the taxation schemes - a pre-requisite for success of any scheme.
The FPCCI after identifying a series of such provisions vested in discretionary powers had given concrete proposals to safeguard the interest of the taxpayers against the misuse of discretionary powers. Regarding the discretionary powers of multiple audit or amendment of assessment under Section 177, 214C and 122 of Income Tax Ordinance, the FPCCI says that although a return filed within time limit does qualify for Universal Self-Assessment Scheme, but even then it may be amended as many times as it may be deemed necessary by the Inland Revenue officials within 5 years from the end of the financial year in which the return is filed and therefore, results in multiple tax assessments and harassment.
The FPCCI proposed that the power to select the return of income may rest only with the FBR which is already having the powers to select the audit case randomly through computer balloting under Section 214C of the Ordinance. However, in case where definite evidence is available with the department then the audit may be initiated up to the transaction in question only, it added. It may be recalled that a large number of audit notices are being served to the commercial importers and other such assessees who have already discharged their tax liability in full and final at the time of clearance of goods at customs stage.
The FPCCI has also lamented posting of Inland Revenue Officer at business premises under Section 40B of Sales Tax Act, 1990 to monitor production, sales of goods, stock position, as it is outdated and unnecessary in the modern era of computerization and available methods of monitoring the entire production and supply chain. The proposal argued that it gives a perception of anti-business and anti-investment policies of the government and creates an environment of harassment which is tantamount to revival of supervise clearance scheme of Central Excise in Sales Tax Act, 1990.