LHC issues notice to FBR chief for not providing details of taxpayers

Lahore High Court (LHC) has issued notice to the Chairman, Federal Board of Revenue (FBR) in a constitutional petition moved against FBR for not providing detail of taxpayers who availed Tax Amnesty Scheme-2013 earlier notified by Nawaz Sharif government vide SRO.1065(I)/2013.
It is reliably learnt that petition has been moved by a tax lawyer Waheed Shahzad Butt who is also a petitioner before the LHC against the Amnesty Scheme introduced by former Prime Minister Nawaz Sharif vide SRO No 1065(I)/2013 dated 20.12.2013. The petition has been moved against Chairman FBR, Federal Government and National Accountability Bureau.
Petitioner Waheed Butt stated if one looks at the needy economy of Pakistan, there is hardly any justification to allow blanket amnesty to certain class of taxpayers. Amnesty Scheme has been misused in a number of ways by the persons lined up behind the scene. Being a taxpayer citizen of the country, he is aggrieved by the Amnesty Scheme, which not only caused huge loss to the national exchequer but serious infringement of rights and discrimination against him and more than one million other taxpayers of Pakistan who are regularly paying their due taxes.
Waheed further added that introduction of any amnesty scheme for tax evaders is nothing but height of immorality sponsored by the state. The government instead of entertaining any such scheme should seriously consider introducing ''Asset-Seizure Scheme'' to confiscate undeclared/ untaxed assets created from untaxed money and make laws to bring back looted money from tax cheaters. It was practically a financial "National Reconciliation Ordinance" under the umbrella of "Tax Incentive Package" announced by the Former PM in 2013.
Earlier, the LHC issued order which states, "This petition under Article 199 of the Constitution lays a challenge to the SRO 1065(I)/2013. At the outset the learned counsel for the petitioner has relied upon the judgment of the Supreme Court of Pakistan, to contend that the notification in issue in the present constitutional petition has been promulgated by the federal government without complying with the requirements as spell out in the judgment of the Supreme Court and must be held to be ultra vires and unlawful. The contention of the learned counsel seems to have substance. Since the impugned notification does not comply with the constitutional mandate, the SRO 1065(I)/ 2013 dated 20.12.2013 is hereby declared to be without lawful authority and of no legal effect.
The LHC order stated that the petitioner said that an application was filed with government department which was to be decided within a period of 10 days under the Right of Access to Information Act, 2017, but the department concerned is not deciding that application within that time. The petitioner admits that under the law he could approach the Information Commission set up, however, the members of the Commission have not been appointed and so the Commission is not functional.
The LHC has issued pre-admission notice to the respondents. Tahir Mahmood Ahmad Khokhar, D.A.G, present on court''s call, accepted notice on behalf of respondent. The learned D A G shall seek instructions as to whether Information Commission is functional or not. The petitioner shall make the federal government a party by hand today, the LHC ordered.