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ISLAMABAD: Federal Tax Ombudsman (FTO) has directed the Federal Board of Revenue (FBR) to teach a 19-years old un-decided refund case, as a case study, to all future batches of probationary officers of Inland Revenue Service (IRS), who would join the Directorate General of Training and Research.

The case is related to the non-payment of sales tax refund to a commercial exporter of textile products since 2003.

The FTO has declared this case as a classic example of neglect, inattention, delay, incompetence and inefficiency of the tax officials, which should be taught as a ‘case study’ at the Directorate General of Training and Research.

The FTO has recommended the FBR to direct the Commissioner-Inland Revenue. Enforcement-I, Corporate Tax Office (CTO) Karachi to require the officer concerned to give effect to the Commissioner (Appeals) order and dispose of the claims as per law and on their merit within 21 days.

The FBR should forward a copy of the order to the Director General, Directorate General of Training and Research, Inland Revenue to develop a “Case Study” on this case and henceforth, same is to be taught as an integral part of the Sales Tax syllabus for all the future batches of probationary officers of IRS who join DGTR (IR) in pursuit of their Specialized Training Program (STP) after Common Training Program (CTP) and report compliance within 45 days.

The FTO order added that the subject case is a classic example of neglect, inattention, delay, incompetence, inefficiency and ineptitude that constitutes maladministration in terms of Section 2(3) (ii) of the FTO Ordinance, 2000. Prima facie, the case has been mishandled badly by the Department due to, interalia, rapid changes in the jurisdiction and transfer/ postings of the officers from one place to another. Now the situation has reached where the Deptt has no choice other than to give effect to the Commissioner-IR (Appeals’) order, as it has attained finality and their representation has also been rejected by the President of Pakistan. Issuing show-cause notice again in the case relating to 19 years old and rejecting the claim on allegation of fake/ flying invoices without having incriminating evidence/ documents would be a blatant violation of the law, FTO regretted.

It is lamenting to note that during 19 years of unfortunate trail, no serious and professional effort is on the record to show that the matter in hand was paid any prudent heed by the department, FTO order added.

Copyright Business Recorder, 2022

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