The officials of Federal Board of Revenue (FBR) including Member Legal, Secretary Legal and a former BS-21 officer, have jointly paid costs/fine in the District and Sessions Court, Lahore, for setting aside ex parte order against them in a suit for recovery of damages worth Rs 285.689 million.
It is learnt that the FBR team, including Member Legal, Secretary Legal and a former BS-21 IRS official Ashraf Ahmad Ali jointly moved an application in the District & Sessions Court, Lahore, for setting aside ex parte order against them in a suit for recovery of damages worth Rs 285.689 million, while the District and Sessions Court imposed cost/fine of Rs 2,000 for recalling of ex-parte order.
The tax officials approached the court to set aside the session court's order dated 16-6-2015 for ex parte action against FBR officials in a defamation suit filed by a tax lawyer, wherein the court imposed fine on the FBR team and ordered to recall the ex parte order subject to payment of cost of Rs 2,000 by the respondents. Now on 11-12-2015, the FBR team paid the cost to the tax lawyer in the court room and filed their comments.
Sources told that the comments had been filed by the Member Legal and Secretary Legal while former BS-21 IRS official reportedly was out of country, therefore, the case was adjourned for January 6, 2016 on the request of the counsel representing the FBR team.
The application filed by the FBR officials states: "Title suit is pending adjudication before the court and the same is fixed for 11-7-2015 for plaintiff's evidence. The defendants (FBR officials and former BS-21 official) have been proceeded ex parte vide order dated 16-6-2015 passed by this learned court. They have not been properly serviced and no proper procedure has also been adopted for the proper service of summons or notices upon the defendants. The former BS-21 official has got retirement from his service therefore, the address mentioned in the title of the suit is wrong. The plaintiff deliberately and intentionally provided the wrong address of the defendant to get passed an ex-parte order."
The FBR officials further requested the court that "the defendants have neither intentionally nor deliberately avoided entering appearance before this learned court and the absence of the defendants has been caused because of unavoidable circumstances. The matter is required to be decided on merits rather on technicalities as per law laid down by the Superior Court. If the ex parte order dated 16-06-2015 is not set aside/recalled the defendant shall be bound to suffer with an irreparable loss and injury."
Earlier, the FBR had directed the Commissioner (Appeals-II), Lahore, to file a prosecution suit against the said lawyer, and his client if both had insulted the Commissioner or caused any interruption, while the Commissioner was hearing a judicial proceeding under the Sales Tax Act, 1990. The FBR had also issued instructions to all Chief Commissioners Appeals and Commissioners Inland Revenue of Large Taxpayer Units and Regional Tax Offices on the alleged non-professional and unethical behaviour of the Lahore based tax lawyer.
Sources added that the FBR officials had requested before the District and Sessions Court, Lahore, that "instant petition may be accepted that the ex parte order dated 16-6-2015 passed by the learned court against the defendant may very kindly be set aside/recalled to meet the ends of justice.
In view of the statement, the application stands accepted subject to costs of Rs 2,000. Now FBR team has paid costs in the court and the case is adjourned for filing of comments by the former Member for 06-01-2016.