Transparency International (TI) Pakistan has urged Prime Minister Shahid Khaqan Abbasi to save billions of rupees of Pakistan and reject silent proposal to provide huge illegal tax benefits to untaxed/black money through Finance Bill (Budget) 2018 and reintroduction of tax amnesty scheme which is declared illegal by Lahore High Court.
It is reliably learnt that a specific letter has been written by the TI-Pakistan to the prime minister urging him to immediately take action against reintroduction of tax amnesty scheme in shape of Clause 86(a) silently introduced in Budget 2018-19, which is replica of Clause 86 of Part IV of Second Schedule to the Income Tax Ordinance, 2001 issued by the former Prime Minister Nawaz Sharif through Notification SRO 1065(I)/2013 dated 20-12-2013, which is finally declared illegal by the Lahore High Court in writ petition number 14621-2014 (Waheed Shahzad Butt versus Federal of Pakistan).
TI-Pakistan letter states: "TI-Pakistan refers to the news report published in Business Recorder of 3rd April 2018 Source: https://fp .brecorder.com /2018/04/ 20180403357133/, disclosing that Lahore High Court has declared 2013 "Tax Incentive Scheme" as illegal and without lawful authority. Copy of Order passed by Lahore High Court in Waheed Shahzad Butt Versus Federation of Pakistan etc (WP No 14621-2014) declaring notorious amnesty scheme announced through SRO 1065(I)/2013 dated 20.12.2013
Pakistan at presently is facing war against terrorism and corruption (financial corruption/tax evasion at large scale) and any such scheme to help tax evaders / dodgers under instructions of Prime Minister Office, amounts to sabotaging the Pakistan armed forces efforts to counter terrorism and corruption. Instant request is forwarded with the understanding that "a system is corrupt when it is strictly profit-driven, not driven to serve the best interests of its people." Even the intention of making any scheme to legalize illegal assets is an act of corruption and corrupt practice under Section 9 of National Accountability Bureau Ordinance 1999.
The viewpoint has also been confirmed by the Supreme Court of Pakistan in 2014 SCMR 585 and 2012 SCMR 1757. Notification SRO 1065(I)/2013 dated 20-12-2013 introducing amnesty scheme for tax dodgers by inserting clause 86 in Part IV of Second Schedule to the Income Tax Ordinance, 2OO1 was patently illegal and unconstitutional being ultra vires, discriminatory and based on mala fides that's why it has been nipped in the deep bud by the Lahore High Court in Waheed Shahzad Butt Versus Federation of Pakistan Etc (WP No. 14621-2014)".
TI-Pakistan letter further stated: "Quite surprisingly present finance minister (with active connivance of some FBR officials) has proposed a huge tax benefit without mentioning in his budget speech, and that too retrospectively with effect from January 2014.
No law can be made for retrospective effect. The Prime Minister is requested to kindly take action against those responsible for such illegal act to defeat the national exchequer, under his mandate and his commitment for zero tolerance for corruption. It is therefore, humbly requested to kindly intervene in the name of rule of law and this unlawful and dirty move silently introduced through Budget 2018-19 may kindly be ordered to be dropped immediately and issue order to take strict lawful action against the FBR officials responsible for this move to provide huge unlawful benefit to blue eyed taxpayers retrospectively with effect from January 2014. Transparency International Pakistan is striving for across the board application of Rule of Law, which is only way to stop corruption."
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