FTO Orders FBR to Probe Officials For False Statements in Bank Attachment Case

Federal Tax Ombudsman (FTO) has ordered an investigation against Federal Board of Revenue’s (FBR) officers for false/misleading statements while submitting a report to implement FTO’s order on taking coercive measures (bank account attachments) during the pendency of the appeal. FTO order has already been confirmed by the President, wherein FTO has ordered FBR to reprimand the officers who took the coercive measures (bank attachments) during the pendency of the appeal. The aggrieved taxpayer Dr. Iqbal Aujla, through advocate Waheed Shahbaz Butt had filed a complaint against the proved maladministration by FBR functionaries to submit a false report under the umbrella of implementation of FTO order against bank attachments without following due process of law. FBR has challenged this order before the President, but the President has confirmed FTO’s order with additional observation that the opportunity of hearing to officers be provided before taking action against them. When contacted Waheed Shahbaz Butt informed that while recovery from the bank account of the taxpayer, the conduct of FBR officers was tantamount to maladministration, and administrative excess in the discharge of duties was also the act of maladministration, for which the forum of FTO is the only remedy available to the taxpayers of Pakistan and a judicial system that permits deliberate falsehood is doomed to fail and a society that tolerates it is destined to self-destruct. It is fundamental that all statutes be applied with fairness and justice, and public functionaries like FBR officers are constitutionally mandated to act in a just and fair manner. Every public functionary including FBR officers is obligated to adhere to the commands of the Constitution. Public functionaries are duty-bound to act in accordance with the law, Waheed Butt added. FTO recommended FBR to direct the CCIR concerned to reprimand the officer concerned who took the coercive measure in this case during the pendency of the appeal, in clear violation of FBR’s own Circulars. FBR should direct the Member-IR (Operations), to examine such cases across the country and to see whether instructions conveyed are being complied with and to take remedial action wherever required and issue warning to the tax functionaries involved in violation of said instructions, FTO ordered.