ISLAMABAD: President Asif Ali Zardari has rejected the stance of Corporate Tax Office (CTO) Islamabad in eight appeals and declared that the Appellate Tribunal Inland Revenue (ATIR) order must be implemented even if appeal or reference has been filed before the High Court.
It is reliably learnt that landmark orders passed by Dr Asif Jah Federal Tax Ombudsman (FTO) have been confirmed by the President while dismissing the eight appeals preferred by CTO Islamabad.
The President order stated “these 08 (eight) representations dated 12.12.2024 have been filed by the FBR against the Review Order of the learned FTO dated 07.11.2024 whereby it was held that FBR to direct the concerned CIR,CTO, Islamabad to implement the decision of ATIR in the above cases, in the light of directions of the ATIR. The tax authority can get surety bond, to secure interest of the department to the satisfaction of the CIR concerned”“
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When contacted tax lawyer Waheed Shahzad Butt, who is representing the aggrieved taxpayer/complainant before FTO told this correspondent that intentional mala-fide negligence, inattention delay, incompetence and inaptitude in discharge of duties and responsibilities on the part of certain FBR functionaries for non-giving appeal effect to the appellate orders within the prescribed time period is tantamount to serve maladministration of justice and FTO is the most appropriate and efficacious forum for redressal of the grievance.
FTO has the lawful powers to direct the Agency to take steps to avert and rectify maladministration. Suffice it to state that a statutory body (FBR) is duty bound under the law to perform its functions/ duties in accordance with law without any fear and favour but unfortunately law is a closed shop for some FBR functionaries: Waheed added.
It was explained to the learned Commissioner of the FBR that the President of Pakistan dismissed representations of FBR in a number of similar cases where the orders of ATIR were not stayed by the High Court thereby giving appeal effect to the decisions of ATIR. Concluding recommendations of the learned FTO are upheld. Order accordingly: President ordered.
Copyright Business Recorder, 2025
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