Official sources told Business Recorder here on Sunday that the Commissioner IR wanted to transfers two tax officers of his Zone to ensure disciplinary action against them. However, the Commissioner is unable to transfer these officers from his Zone and requested his senior, Chief Commissioner, to transfer these officers to any other Zone except Zone-I, RTO Karachi. The said Commissioner would initiate action against the officers for issuance of refunds in cases where 'Red Alerts' were issued by directorate of intelligence IR.
Sikandar Aslam is already facing an explanation for implementation of the standing operating procedure (SOP) for controlling bogus refunds in his Zone. The SOP withdrawn by Muhammad Anwar Goraya, Chief Commissioner RTO Karachi has been implemented by the said Commissioner in his respective zone. The Commissioner has implemented SOP within the jurisdiction of his Zone to place checks on issuance of bogus refunds.
According to the letter of Sikandar Aslam to Anwar Goraya, Sajid Hussain (sanctioning officer) and Nawaz Ali (processing officer) while posted in E&C Unit-02 and E&C Unit-04 of this Zone, in flagrant violation of the Sales Tax Rules, 2006 notified vide SRO 555(1)/2006 dated June 5, 2006, issued bogus sales tax refunds in cases where "Red Alerts" were created by the Directorate of Intelligence and Investigation (IR) Karachi and subsequently blacklisted. The units are AZ and Brothers, Hanata Trading and M. Sadiq Textile, the letter said.
The action on part of the above incumbents warrants necessary administrative measures and initiation of disciplinary proceedings under the relevant Government Servant (Efficiency & Discipline) Rules, 1973, letter said.
It said that the Chief Commissioner has posted the above officers in Zone-I RTO, Karachi. In order to safeguard the revenue and in the interest of office discipline, Chief Commissioner has been requested to cancel the transfers and postings orders of above officers and preferably post them other than Zone-I, RTO, Karachi so that the incumbents may not influence the inquiry proceedings that the Commissioner intend to initiate shortly, the letter added.
Officials said that Muhammad Anwar Goraya has called an explanation from Sikandar Aslam Commissioner Zone-I RTO Inland Revenue of Karachi for issuance of same SOP which was already withdrawn by the Chief Commissioner Inland Revenue, Regional Tax Office, Karachi.
According to the letter of Chief Commissioner RTO Karachi, it is informed that the Standard Operating Procedure bearing C.No. CCIR/SOLV/RTO-II/2012/2861. dated 08/11/2012 issued on the last working day by the then CCIR, RTO, was in contradiction with the Sales Tax Rules, 2006 as well as it was superseding the existing mechanism of the processing and sanction of the Sales Tax Refunds applicable vide the Sales Tax Rules, 2006. Multiple presentations were made by various taxpayers as well as various trade bodies against the possible delay/stoppage and hindrance in the processing/ issuance of Sales Tax Refunds. Keeping in view the fact that the said SOP was violative of the Sales Tax Rules 2006, the same was withdrawn by this office vide letter No. 3504 dated 05/12/2012 duly endorsed to all Commissioners of RTO, Karachi. It is, however, observed that Commissioner Zone-I, RTO, Karachi issued the same SOP vide your letter No. Admn./CIR(Z-I)/RTO/KHI/2012/2199 dated 13/12/2012 which amounts to defiance of the orders issued by higher authority in view of section 30(2) of the Sales Tax Act, 1990.
"You are therefore, directed to explain your position for issuance of same SOP which was already withdrawn by the Chief Commissioner Inland Revenue, Regional Tax Office, Karachi," Goraya's letter added.
Chief Commissioner RTO Karachi has already cancelled two office orders regarding transfers and postings of two staff officers at Zone-I RTO Karachi by Sikandar Aslam Commissioner Zone-I RTO Inland Revenue of Karachi.