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Peshawar High Court (PHC) has issued notices to Special Assistant to Prime Minister (SAPM) on revenue, Federal Board of Revenue (FBR) chairman and IR commissioner in a petition moved by Board of Intermediate and Secondary Education (BISE) Abbottabad for not returning money recovered through bank account attachment.
It is learnt that the PHC has issued notices in the constitutional petition moved by the Board of Intermediate and Secondary Education (BISE) Abbottabad through Mudassir Malik Advocate against the issue of long silence in returning money illegally recovered through attachment of the board's bank account, wherein they seek intervention of the PHC for returning their money from the FBR functionaries of RTO Abbottabad.
The petitioner stated, "The petition has been instituted by an autonomous body of the KP govt. The petitioner questioned the working of respondents to illegally retain the amount snatched through state machinery by framing a patently illegal assessment order under the provisions of Income Tax Ordinance, 2001 from an artificial juridical person engaged with the noble profession of education in KP. Quite surprisingly, the DCIR by illegally resorting to provisions of Section 161/205 created a patently illegal flimsy demand of income tax against the petitioner. Lawful stance of the petitioner has been accepted by the final fact-finding authority.
During the intervening period, despite issuance of stay of demand order by the tribunal, Commissioner Inland Revenue (CIR) managed to recover a sum of Rs 5,876,942 from the bank account of the petitioner and picked a pay order."
The petitioner immediately approached the respondents seeking return of amount illegally and arbitrarily snatched by using state machinery but all in vain. In utter disregard to verdicts of binding nature issued by the Supreme Court and High Court, lawful claim of the petitioner has been ignored for a considerable delay without any lawful logical excuse, which is nothing but extreme maladministration of justice and equivalent to usurp the lawful refunds. Long silence on the part of respondents to hold the lawful claim of the petitioner is patently illegal, unconstitutional, without lawful jurisdiction and void ab initio.
The respondents ignored the dozen requests of the petitioner to return the money firstly by passing patently illegal order and then holding it even after declaring the departmental intervention illegal by the final fact-finding authority. The respondents are involved in violation of provisions of Income Tax Ordinance, 2001, which is itself equivalent to severe maladministration and denial of justice for some personal unknown reasons.
The petitioner further stated to kindly refer the matter of sever maladministration of justice and administrative excess to the learned Federal Tax Ombudsman to investigate the matter and dig out inefficiency, incompetence and corrupt practice in Revenue Division employees including administrative excess.
The petitioner expects fair, judicious and lawful exercise of powers by the FBR officials, therefore, it is need of the hour that explicit directions may be issued to the Federal Tax Ombudsman to inquire the matter and take extreme lawful action against the inefficient, incompetent and corrupt IRS officials who are creating bad impression of the tax department.

Copyright Business Recorder, 2018

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