Office of the President of Pakistan has been accused of directing the Federal Board of Revenue (FBR) employees of filing further appeals and defend cases in higher judicial forums where orders passed by the President as appellate authority under Federal Tax Ombudsman Ordinance, 2000 have been reversed by the high courts.
It is reliably learnt that Chairman Lahore Tax Bar Association (LTBA) Public Interest Litigation Committee has moved a representation to President Arif Alvi under Article 19A of the Constitution. It has been accused that the representation has been filed for providing information to determine role of functionaries representing office of President in accountability matters against severe mal-administration of justice with the innocent taxpayer citizens by Revenue Division (FBR) employees.
When contacted, Chairman LTBA Public Interest Litigation Committee observed that the office of the President cannot pressurise the FBR to file further appeals and defend cases in higher judicial forums where orders passed by the President as appellate authority under Federal Tax Ombudsman Ordinance, 2000 have been reversed by the high courts, he added.
Earlier, Lahore High Court has ruled that office of President of Pakistan has caused miscarriage of justice to entertain and pass a decision on the representation filed by the FBR against the decision of the FTO. Said petition was moved by a Faisalabad-based taxpayer through Waheed Shahzad Butt Advocate, challenging the FBR's action to file representation before the President of Pakistan against the order passed by FTO.
Chairman LTBA Public Interest Litigation Committee Waheed Shahzad Butt in a letter to President Arif Alvi states "Being a responsible taxpayer citizen and belonging to the most vigilant community of the Country, instant request is forwarded.
Without any iota of doubt, peoples of Pakistan especially taxpayer citizens of this country have complete confidence on President's esteemed personality and administrative skills. Article 19-A of the Constitution enabled every Citizen of Pakistan to become independent of power centre to seek information on matters of public importance, therefore, in the light of Article 19A of the Constitution read with PLD 2012 SC 292, PLD 2008 Karachi 68, 2012 PLC (C.S.) 566, PLD 2016 (Lahore) 872, President good office is requested to provide following information:
"Number of cases where office of President had issued instructions/guidance/intimation to FBR to file/prefer further appeals in cases where orders passed by President as an Appellate Authority under Section 32 of the FTO Ordinance, 2000 have been reversed/modified by the High Courts during the period (i) August 11, 2000 to January 25, 2016 and (ii) January 26, 2016 to December 04, 2018 "
The data will expose that in how many cases President office has directed the FBR to file appeals against High Courts orders during the period of August 11, 2000 to January 25, 2016 when compared with January 26, 2016 to December 04, 2018. Required information may be provided at earliest to compare data, LTBA chairman added.