TUESDAY AUGUST 30: DAG concerned over FBR attitude: sending junior officials to plead tax-related cases in courts

ISLAMABAD: Top officials of the Deputy Attorney General of Pakistan, Karachi, have expressed serious concern over of the attitude of the Federal Board of Revenue (FBR) while pleading major tax related cases by junior officers at the level of courts, resulting in delay in finalisation of cases involving billions of rupees.
Sources told Business Recorder here on Sunday that the Deputy Attorney General of Pakistan, Karachi has written a letter to FBR Chairman Salman Siddique about the casual attitude of the tax officials while pleading cases in courts. The Deputy Attorney General said he was surprised that tax department has been engaged in sending low level officers, like Appraisers and Examiners, to pursue cases in courts where substantial amount of revenue is involved. Deputy Attorney General, Karachi has warned the FBR that the tax authorities are violating laid down rules of Law and Justice Division in most important tax related matters where senior officials must plead cases in courts. Contrary to this, very junior tax officials are attending court proceedings, which is not allowed under the relevant law.
According to the letter of the Deputy Attorney General of Pakistan, Karachi to the FBR Chairman, Deputy Attorney General has given intimation regarding indifferent and causal attitude of the functionaries of the federation. Deputy Attorney General said he has been constraint to intimate to the FBR of the indifferent and causal attitude of the functionaries of the Collectorates of Appraisement, Preventive, Model Customs Collectorates, Pakistan Custom Computerised System, DIT, Valuation, Sales Tax and Central Excise. It has been repeatedly pointed out to the concerned head of the department that the cases against the revenue generating department they prefer to depute their clerk, or Appraiser or Examiner to defend the important and contested matters pertaining to taxes instead of advocates. Needless to mention, the Ministry of Law and Justice has issued direction that no officer below the rank of BS-17 could appear in court nor sign any documents whatsoever but the in-charge of the Collectorate paid no heed to the instructions of the Law Ministry, Deputy Attorney General stated.
It is pertinent to mention that the Deputy Attorney General and Federal Law Officers are restrained from appearance or defending the cases pertaining to tax, revenue and money matters. It is the obligation of the Deputy Attorney General, Karachi to see to it that no revenue loss should be caused to the exchequer but the head of the Collectorates, for reasons best known to them, take very causal and indifferent attitude in these important cases which cannot be tolerated at any cost because at the end of the day the entire responsibility is put on the Federal Law Officers of adverse consequences despite the fact that the Federal Law Officers have no role whatsoever in money matters, the Deputy Attorney General of Pakistan, Karachi said.
The FBR is required to issue stern directions to the concerned Collectorates that no officer below the rank of BS-17 should appear before the courts, that, too, along with their advocate, and further to attend office of the Deputy Attorney General of Pakistan, Karachi at least one day earlier than the hearings of the case, and tender proper briefing, the Deputy Attorney General of Pakistan, Karachi added.