Federal Tax Ombudsman (FTO) has ordered to conduct an investigation into a complaint moved by Board of Intermediate & Secondary Education (BISE), Abbottabad, for claiming compensation due to delayed refund to be paid out of salaries of a Commissioner Inland Revenue, RTO, Abbottabad.
It is learnt that complaint has been moved by BISE through Waheed Shahzad Butt Advocate against Secretary Revenue Division, Member (Operations), FBR, Chief Commissioner Inland Revenue, RTO, Abbottabad, Asghar Khan Niazi, CIR and all CIR(s) posted during the period from 21.04.2015 to date, wherein BISE seeks intervention of the FTO for compensation against delay in returning their snatched money through banks.
Sources told that the FTO has issued notice to the Secretary Revenue Division, Islamabad and the Chief Commissioner Inland Revenue, RTO, Abbottabad in terms of Section 9(1) of the Federal Ombudsmen Institutional Reforms Act, 2013 for compliance on 13.01.2019.
The FTO notice states: "Whereas the abovementioned complaint has been filed by the petitioner, whereas the Federal Tax Ombudsman has ordered to conduct an investigation of the said complaint. Now therefore, you are required to submit reply to the allegations contained in the Complaint by 13.01.2019. A copy of reply may also be sent to the complainant simultaneously for the information and rejoinder if any."
The complainant states: "It is very unfortunate that despite a dozen visits, repeated verbal requests and specific written request followed by a half dozen reminders, lawful refund of illegally snatched money has not been issued by the concerned field formation due to some personal motives, without any lawful logical excuse. Neither any order u/s 124 dealing assessment giving effect to the order passed by ATIR was issued nor the illegally snatched taxes amounting to were refunded till 11/04/2018 which forced the complainant BISE to invoke writ jurisdiction of Peshawar High Court under Article 199 of the Constitution, whereby their lordships of Peshawar High Court were pleased to admit the stance of the BISE vide WP No. 398-A/2018, dated: 10/04/2018 and issued notices. As a result of above, although the principal amount was refunded on 11/04/2018 (within 24 hours of admission of writ petition) yet the matter regarding additional payment for delayed refund is still pending."
The complainant requested to immediately issue compensation under Section 171 for wilful, intentional patently mala fide delay in issuance of lawful refund voucher vide Book No. 005, Voucher No. 485 dated 11.04.2018 which was earlier snatched through PO dated 21.04.2015 and to issue compensation voucher for the period from 21.04.2015 to 11.04.2018 with compound interest till date and grant special award / compensation under Section 22 of the Federal Tax Ombudsman Ordinance, 2000 for seeking justice and begging from pillar to post.
To initiate strict lawful proceedings against the CIR for unduly harassing the taxpayers of the country under the garb of powers available with IRS (tax employees) and passing perverse, arbitrary, unreasonable, unjust, biased, oppressive and discriminatory orders and thereafter avoiding issuance of refund voucher and recover the amount / quantum of Compensation / special award etc from the Salaries of CIR, added the complainant.
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