Islamabad, Sep 2: A historic directive from Federal Tax Ombudsman (FTO) Dr. Asif Jah, directing the Federal Board of Revenue (FBR) to censure the officers who used coercive measures (bank attachment recovery) while the appeal was pending before the first appellate forum, has been confirmed by President Asif Ali Zardari.
Usman Iqbal Aujla, a taxpayer from Gujranwala, had filed a complaint against FBR personnel for mishandling his money and taking it out of his bank accounts without following the proper legal procedures. The complaint was made through advocate Waheed Shahbaz Butt.
Following an extensive investigation and in-depth hearings before Advisor Rana Hassan Akhtar, FTO Dr. Asif Jah issued a historic order against the FBR employees engaged in unlawful tax recovery activities. Before President Zardari affirmed this decision with the additional remark that officers must be given a hearing opportunity before action is taken against them, FBR contested it.
Upon being contacted, Waheed Butt revealed that the taxpayer’s bank account recovery was the result of FBR officers’ actions amounting to maladministration, and that administrative excess in the performance of their duties was also an act of maladministration. The only recourse available to Pakistani taxpayers for these matters is the FTO forum.
Essentially, it is required by the constitution that all laws be administered justly and fairly, and public servants such as FBR personnel must operate in this way. The Constitution requires all public servants, including FBR officers, to follow its guidelines, and nobody should have to suffer because of an FBR official’s incompetence. Public servants have an obligation to follow the law rather than act on their own inclinations; otherwise, chaos will reign, which is not ideal for Pakistan’s native country: Waheed Butt inserted
FTO suggested that FBR order the relevant CCIR to censure the officer who used coercion in this matter while the appeal was pending before the CIR (Appeals), blatantly violating FBR’s circulars. The FTO ordered that the FBR direct the Member-IR (Operations) to investigate such cases nationwide, determine whether instructions are being followed, take corrective action as needed, and warn the tax officials involved in breaking the instructions.
