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ISLAMABAD: The Lahore High Court (LHC) has declared that the orders of the Federal Tax Ombudsman (FTO) can only be challenged before the President of Pakistan.

The LHC has dismissed writ petition against orders of the FTO while deciding the matter of the FTO’s jurisdiction in writ petition No 20123-22 and other two associated petitions.

The LHC has held that the FTO’s orders can only be challenged before the President.

As per details, the LHC’s order stated that complaints filed before the FTO, under section 10(1), regarding delay in refund, were adjudicated, after receiving para wise comments and hearing both sides that the refund application of petitioner, in terms of section 170(4) of Income Tax Ordinance 2001, had already been disposed of vide Bar code order 27.10.2020 and a legal remedy of appeal was available under section 127 of the Ordinance, which complainant did not avail.

Maladministration in FBR: FTO has authority to conduct inspection

Review filed with the FTO by petitioner was also dismissed on the above mentioned ground.

The LHC further held that “Review Orders” of the FTO, declining to revisit his earlier orders, appears to be reasonable, which, prima facie, does not require any interference.

The court further held that the FTO’s order could only be challenged in representation with the president and this statutory remedy was never availed by the petitioner.

Copyright Business Recorder, 2022

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