Illegal tax recovery by FBR: President confirms FTO’s landmark order

ISLAMABAD: President Asif Ali Zardari has confirmed a landmark order issued by Federal Tax Ombudsman (FTO) Dr Asif Jah, who has taken notice of an illegal tax recovery by the Federal Board of Revenue (FBR) through the coercive measures of attachment of bank accounts.

The FTO has reprimanded the FBR officers for harassing a taxpayer with warning for illegal actions across Pakistan.

It is reliably learnt that President Zardari has confirmed the landmark order with the additional observation that warning issued in consequence of FTO order should be issued after providing proper opportunity of hearing to any official found involved in violating these instructions.

Illegal tax recovery by FBR: President confirms FTO’s landmark order

As per details, an aggrieved taxpayer approached Dr Asif Jah through Advocate Waheed Shahzad Butt and filed a complaint against the maladministration by the FBR functionaries to recover funds from bank accounts without following due process of law.

After comprehensive investigation and detailed hearings before the Adviser Rana Hassan Akhtar, a landmark order was issued by the FTO against the FBR functionaries involved in illegal tax recovery moves, which is now confirmed by President Zardari.

When contacted, Waheed Shahzad Butt said that during recovery from the bank account of the taxpayer, the conduct of FBR officers was tantamount to extreme maladministration and administrative excess in the discharge of duties, for which the forum of FTO is the only remedy for injustice done by FBR functionaries to thousands of innocent taxpayers solely to show fake/fabricated performance to the prime minister.

The FTO order states, initiation of coercive proceedings in violation of FBR’s explicit instructions on the subject however, tantamount to maladministration in terms of Section 2(3)(i)(a). FBR to direct the Member IR-Operations to examine such cases across the country and to see whether instructions conveyed dated 12.10.2021 and reinforced vide Circular dated 05.10.2022 are being complied with and to take remedial action wherever required. Issue warning to the tax functionaries involved in violation of said instructions.

The commissioner has taken exception to Clause II of the impugned order where the learned FTO has ordered the authorities to issue warnings to the tax functionaries involved in violation of those instructions. In this regard, it is clarified that warning if any issued in consequence of order of the learned FTO, the same should only be issued after providing proper opportunity of hearing to any official found involved in violating these instructions, the president ordered.

Copyright Business Recorder, 2024