Sources told that earlier, the FTO ordered that FBR should frame a uniform policy for posting out all those officers and employees whose tenure at a place, particularly at a native station, is more than an adequate period to avoid malpractices and controversies which damage the performance of field formations and give a bad name to FBR.
When contacted tax lawyer Waheed Shahzad Butt, who is pursuing the matter of implementation told this correspondent that when supervisory officers like Chief Commissioner and Zonal Commissioners close their eyes to the assessing officer's acts of Omissions/Commissions during assessment, such officials cannot justifiably say that their actions are in good faith. In this regard notice has been issued to the Member FBR which states "Whereas the hearing of the above noted implementation complaint has been fixed on 24.08.2017. Now therefore, you are required to appear on the date and time fixed afore-stated personally or through duly authorized attorney/advocate with all relevant records and witnesses you wish to produce for examination.
Order passed by FTO states "It has been claimed in the complaint that complaints were filed by the Complainant (Sajjad Ahmed Butt) against Shabir Hussain Maan, IRO, RTO, Sialkot in individual capacity and as AR of some taxpayers on the ground that IRO, being a local officer, had become biased and used his influence to transfer some tax cases to his nephews, who were also tax practitioners in the jurisdiction of RTO, Sialkot. Some other serious allegations of corruption and ownership of unlawful assets were also leveled by the Complainant against IRO, who has been allegedly serving in Sialkot for a long time. The complaints were filed against an IRO, RTO Sialkot, wherein Complainant has been insisting that the said IRO had developed likes and dislikes being a local officer who remained posted in Sialkot for a long time and that his brother also remained posted and retired as Administrative Officer in RTO Sialkot. It has further been alleged that the said IRO has developed strong connections for getting the cases of taxpayers transferred to his nephew who is also a tax consultant.
It is advisable that the FBR should frame a uniform policy for posting out all those officers and employees whose tenure at a place, particularly at a native station, is more than an adequate period to avoid malpractices and controversies which damage the performance of field formations and give a bad name to FBR. Such recommendations have been made by this office in various identical cases, including a case in complaint No 419/2004.
This decision was upheld in writ petition by the Lahore High Court, both in original judgment and in the judgment of Division Bench cited as Fareedullah Versus the FTO. A report in the matter be submitted by FBR within 30 days, the FTO ordered.
Copyright Business Recorder, 2017