Fraudulent tax refunds: FBR directed to form inquiry committee

ISLAMABAD: The Federal Tax Ombudsman (FTO) has directed the Federal Board of Revenue (FBR) to form a high-powered inquiry committee to fix responsibility on tax officials involved in a mega-scam of issuing fraudulent income tax refunds.

The FTO office has found that recovery could not be affected from the main shareholder, AOP member because he left Pakistan long ago and matter was reportedly taken up with the China govt for recovery due to non-traceability of the said person.

The FTO has decided an own motion investigation here on Thursday.

As per details, while investigating issuance of bogus refund amounting to Rs 123.364 million for Tax Year 2007 to 2009 and 2011 in an earlier own motion case (0200/OM/2019) some additional irregularities were unearthed warranting authorization of instant investigation.

Moreover, in order to ascertain whether the irregularities committed earlier continued in the cases of M/s China National Electric Wire & Cable Import and Export Corporation and its associates (M/s Sinotec Co. and the main shareholder of AOP) in the subsequent years, this motion investigation was initiated under Section 9(1) of the Federal Tax Ombudsman Ordinance, 2000. During earlier proceedings it was revealed that M/s China National Electric Wire & Cable Import & Export Corporation did not file returns for Tax Year 2013 and onwards.

Instead, a sister AOP namely M/s Sinotec Co was registered on FBR portal on 01.11.2011, with the main shareholder (common member in both AOPs), holding 99 percent share.

The instant investigations have identified glaring discrepancies / maladministration on part of FBR in cases of these companies. Action under section 182,184 and 187 for Tax Years 2007 to 2009 and 2011 and 2012 could not be taken earlier and has been taken now raising demand of Rs 569.989 million that, however, is still to be recovered. Although, the main shareholder, main partner of M/s China National Electric Wire & Cable Import & Export Corporation and M/s Sinotec Co was available in Pakistan till 2019, but no demand notice was served upon him.

Similarly, arrear registers in respect of demand raised in the years 2007 to 2009, 2011and 2012 under section 122(5A) of the Ordinance could not be traced. Furthermore, counterfoils of refund vouchers are not traceable. M/s Sino-Tec Co filed returns for various years declaring the status of Non-Resident in contrast to the status of Resident as per registration profile in ITMS. Returns filed by M/s Sino-Tec Co, revealed that although it is declared that payments were received against certain contracts and tax was deducted, but it is not clear that in whose name contract was accorded, assessment and tax deduction was made and credit of tax was given. Also, nature of receipt, rate/section of tax deduction is not available on record.

It was reported that recovery could not be affected from the main shareholder, Member of AOP because he left Pakistan long ago and matter was reportedly taken up with Govt. of China for recovery due to non-traceability of the said person.

In view of above, the FTO has directed the FBR to constitute a high-powered committee to identify the responsible officers / officials for above referred irregularities, fix the respective responsibilities and to take remedial action on the highlighted issues in 90 days.

Copyright Business Recorder, 2022