The Central Board of Revenue (CBR) has been restrained by an order of Sindh High Court from promoting 9 Commissioners of Income Tax (B-20) to the next grade in writ petitions filed by three CITs of Karachi.
Sources told Business Recorder on Sunday that the nine Commissioners of Income Tax were approved by the Prime Minister for promotion to B-21 along with officers of DMG, Commerce & Trade, APUG, OMG and Accounts in September 2005. All other officers have been notified and subsequently promoted except the 9 officers of income tax group.
Four of the nine officers may be posted as Member Income Tax Appellate Tribunal (ITAT), while the remaining would be posted on vacant positions in the department. The department has the authority to recommend senior income tax officials (Grade-21) for appointment as Members ITAT.
The Law and Justice Division appoints Grade-21 officials as Members ITAT in consultation with the CBR. This would be instrumental in disposal of thousands of cases/appeals involving millions of tax revenue.
The sources said that in a similar situation the Establishment Division has posted some of the B-19 officers in the Secretariat group on B-20 posts under section 10 of the Civil Servants Act.
The department is legally empowered to adopt the same course of action for resolving the matter. Posting these officers in their own pay & scale (OPS) to B-21 positions can be another option that could be exercised by CBR.
These nine senior most income tax officials were waiting for issuance of formal notification for promotion to B-21 by the CBR, officials added. Whereas the next court hearing is likely to take place in January 2006 after winter vacations.