Move to defend stance before FTO: Taxpayer’s lawyer declared habitual litigant by CTO

ISLAMABAD: The Federal Board of Revenue’s Corporate Tax Office, Islamabad recently adopted an unconventional novel legal strategy to defend its stance before the Federal Tax Ombudsman (FTO) by declaring a taxpayer’s lawyer as a habitual litigant.

Reportedly, the CTO Islamabad chose to focus on the personal conduct of the lawyer representing the complainant, rather than presenting a strong case based on legal merit.

The FBR CTO has filed para-wise comments before the FTO in a novel manner, this tactic appears to be an attempt to deflect attention from the core legal issues and shift the burden onto the lawyer.

Earlier, the FTO has ordered an investigation against the CTO for blunt violation of instructions issued by the parent agency (FBR) to provide copies of order sheet entries to the taxpayer, which is one of the constitutional rights as per binding orders passed by the higher/superior judiciary.

The CTO’s refusal to provide copies of order sheets raises serious questions about transparency and accountability in the FBR.

This lack of access to crucial documentation hinders FBR’s ability to effectively communicate with the public.

The CTO is involved in contemptuous attempts to undermine the authority of SCP in Mukhtar Ahmad Ali vs The Registrar, Supreme Court of Pakistan (2023 SCP 312) and binding verdicts in Waheed Shahzad Butt vs FOP (PLD 2016 Lah. 872) and guidelines provided by FBR (then CBR) in Circular-Letter No: 3(9)IT-IV/78 Dated: 28/03/1978 and Circular No 15 of 1958 dated 08/10/1958 read with Article 19A of the Constitution.

The CTO states before FTO that “It is pertinent to mention that the authorized representative (AR) Waheed Shahzad Butt is a habitual litigant and files frivolous litigations against FBR.

The Islamabad High Court imposed cost in WP 509/2024 for his conduct. Since the entire proceedings are available to the taxpayer via online Iris system hence the plea of the complainant regarding inspection of tax record is devoid of merits.

Further, keeping the above facts and behaviour of the AR it is requested that the complaint may please be dismissed,” the CTO added.

Copyright Business Recorder, 2024