Appeal system becomes dysfunctional: Uncertainty surrounds Rs2.7trn tax litigations: PTBA

KARACHI: The country’s tax appeal system has fallen into “dysfunction” phase six months after major reforms were implemented through the Tax Laws (Amendment) Act 2024, putting Rs. 2.7 trillion tax litigations into an uncertain situation.

In a letter sent to the minister for law and justice, the Pakistan Tax Bar Association (PTBA) said the legislation, which was touted as a solution to unlock Rs 2.7 trillion in pending tax litigation, has instead created new bottlenecks and failed to deliver on its key promises.

“The tax judicial forum up to the Appellate Tribunal Inland Revenue (ATIR) appears dysfunctional and getting justice has become both difficult and expensive for taxpayers,” said PTBA.

Deterioration of ATIR working: PTBA urges law minister to form oversight body

The letter highlights severe understaffing at the ATIR, with major cities operating at less than half capacity. Karachi, the country’s financial hub, currently has only four tribunal members against a sanctioned strength of 12.

Operational inefficiencies have compounded the staffing issues. Tribunal benches are reported to start late and end early, operating from 11 AM to 3 PM instead of following standard High Court hours.

The letter said that judgment deliveries were frequently delayed, and case disposal statistics were being manipulated by counting simple stay order extensions as fully resolved cases.

“The situation is particularly concerning in terms of case backlog,” noted the PTBA and added that the cases dating back to 2014 were being pushed further back as the tribunal was prioritizing newer cases filed in 2024, creating a growing backlog of older disputes,“ it said.

The reform law had promised transparent recruitment of new tribunal members with competitive salary packages. However, six months later, these positions remain largely unfilled. “The complete recruitment process hasn’t even begun in earnest,” the PTBA said.

It said that the financial implications for taxpayers had also increased as the mandatory High Court references were required in the new system for certain cases, with reference fees set at Rs 50,000.

This, combined with complex appeal procedures, has significantly increased litigation costs for taxpayers, the letter said.

The PTBA recommended the formation of an oversight committee, fast-tracking recruitment of tribunal members, review of the high court reference system, reconsideration of reference fees and modification of the 30 percent payment requirement for filing references.

Copyright Business Recorder, 2024