Federal Tax Ombudsman (FTO) has issued notice to secretary Revenue Division and chairman Federal Board of Revenue (FBR) in a complaint filed for recovery of untaxed/black money introduced under Amnesty Scheme earlier notified by the present government vide SRO No 1065(I)/2013. The Amnesty Scheme under SRO No. 1065(I)/2013 has now been declared illegal by the Lahore High Court in the year 2018.
It is reliably learnt that complaint has been moved by a taxpayer citizen of Pakistan, Waheed Shahzad Butt, who is petitioner before the LHC against the Amnesty Scheme introduced by the former prime minister vide SRO No 1065(I)/2013, dated 20.12.2013.
Sources told this correspondent that complaint has been preferred before the FTO against secretary Revenue Division / chairman FBR, special assistant to prime minister on revenue and all chief commissioners of Inland Revenue, LTU(s), CRTO(s) and RTO(s).
The complainant states: "If one looks at the needy economy of Pakistan, culture of corruption, budget deficit, per capita income, begging for financial assistance by all governments and ever increasing gap between rich and poor, there is hardly any justification to allow blanket amnesty to certain class of taxpayers. The Amnesty Scheme has been misused in a number of ways by the persons lined up behind the scene. The applicant/complainant being a taxpayer citizen of the country, is aggrieved by the Amnesty Scheme, which not only caused huge loss to the national exchequer but serious infringement of rights and discrimination against him and more than one million other taxpayers of Pakistan who are regularly paying their due taxes as per rates applicable under the law."
The complainant further added that introduction of any tax amnesty scheme for tax evaders, is nothing but height of immorality fully sponsored by the state. The government instead of entertaining any such scheme should seriously consider introducing 'Asset-Seizure Scheme' to confiscate undeclared/untaxed assets created from undisclosed/untaxed money and make laws to bring back looted money from tax cheaters.
The state of affairs bluntly speaks the truth that in Pakistan there is no tax collection system but only a 'tax sharing' exists in which the exchequer is never a major beneficiary. Major benefits are shared by tax officials and tax evaders in, what is called, a marriage of convenience. It was practically a financial "national reconciliation ordinance" under the umbrella of 'tax incentive package' announced by the former PM.
Earlier, the LHC issued order which states: "This petition under Article 199 of the Constitution lays a challenge to the SRO 1065(I)/2013 dated 20.12.2013. At the outset the learned counsel for the petitioner has relied upon the judgment of the Supreme Court of Pakistan, to contend that the notification in issue in the present constitutional petition has been promulgated by the federal government without complying with the requirements as spelt out in the judgment of the Supreme Court of Pakistan and must be held to be ultra vires and unlawful. The contention of the learned counsel seems to have substance. Since the impugned notification does not comply with the constitutional mandate, the SRO No 1065(I)/2013 dated 20.12.2013 is hereby declared to be without lawful authority and of no legal effect."
Against the severe maladministration of justice with the homeland Pakistan, respondents are avoiding lawful action to recover the looted tax through amnesty scheme introduced through SRO 1065(I)/2013 dated 20.12.2013, therefore, no adequate, alternate and efficacious remedy is available to the complainant/requestor against the severe maladministration, hence this complaint is being filed under the provisions of Federal Tax Ombudsman, 2000 read with Federal Ombudsmen Institutional Reforms Act, 2013, the complainant added.
"Whereas the abovementioned complaint has been filed by the complainant and, the FTO has ordered to conduct an investigation. Now therefore, you are required to submit reply to the allegations contained in the complaint. An extra copy of the reply may also be provided for the complainant," the FTO notice stated.
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