The field formations of Federal Board of Revenue (FBR) have unilaterally transferred jurisdiction/record of a taxpayer from Islamabad to Lahore during investigation into a case of maladministration by the Federal Tax Ombudsman (FTO).
It is learnt that the FTO is investigating the case of maladministration against the Regional Tax Office Islamabad. In the meantime, the jurisdiction/record of a taxpayer has been transferred from Islamabad to Lahore.
The RTO Islamabad has informed FTO Office about change of jurisdiction and transfer of record. The RTO said that the taxpayer has changed its legal jurisdiction from RTO Islamabad to Corporate RTO Lahore and the case file has been transferred to the Corporate RTO Lahore on the point of jurisdiction.
However, tax lawyer of the complainant has alleged that to avoid action from the office of FTO against proved maladministration, instead of defending the bank account attachment illegal proceedings, jurisdiction of the complainant taxpayer has been transferred from Islamabad to Lahore in two days after issuing bank account de-attachment orders.
Sources said that FTO has taken up a serious complaint of an IT professional, whose bank account was attached without serving any statutory notice. On intervention by the FTO, bank account attachment orders have been withdrawn voluntarily by the FBR officials, before start of the first hearing of the case of maladministration, while now jurisdiction/case record has been shifted to Lahore.?
When contacted, representative of complainant Waheed Shahzad Butt Advocate told this correspondent that instant complaint has been preferred against maladministration and undue harassment to the taxpayer. During the hearing before FTO, the FBR representative appeared and submitted stance which stated: "Bank accounts of the taxpayer were attached by the department on 18/06/2016. The taxpayer has filed a complaint before the FTO with allegation that despite stay of recovery by CIR Appeals-II, Islamabad, bank accounts were not de-attached by the department. The bank accounts of the taxpayer have been de-attached vide letter dated 10/01/2017. The taxpayer changed his legal jurisdiction from RTO Islamabad to Corporate RTO Lahore and the case file of the taxpayer has been transferred to the RTO Lahore on the point of jurisdiction vide letter dated 12/01/2017."
The complainant claimed that present stance of the department proves itself that tax employees of RTO Islamabad were involved in maladministration of justice. During the intervening period neither written nor verbal request was ever made before the RTO Islamabad tax employees to transfer the jurisdiction/record. It is quite surprising if jurisdiction does not falls under RTO Islamabad, why was patently illegal order issued by the predecessor tax employee wherein huge demand of tax was created? Why were bank accounts of the complainant attached by the tax employee working in the RTO Islamabad? Why no response/denial was issued/communicated against request letter dated 04.08.2016 regarding lawful jurisdiction over the case of the complainant? Why did the tax employee remain silent against letter dated 16.11.2016?
Earlier the FTO has started investigation on the complaint filed by the said IT professional through his counsel and notices have been issued to the secretary Revenue Division, chief commissioner, RTO, Islamabad, tax employee/public servant, Zone West, Islamabad, commissioner Zone-III, Islamabad and chief commissioner. The complainant states that instant complaint has been moved against the administrative excess and severe highhandedness of tax employee working in the Zone III (West) RTO Islamabad. However, due to judicious intervention by the FTO, bank account attached order has been withdrawn by the RTO Islamabad authorities, even without attending a single hearing in investigation initiated by the FTO, the complainant added.



















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