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  • Dec 30th, 2016
  • Comments Off on Benami transactions: Senate body approves legislation
Senate Standing Committee on Finance has approved a proposed legislation aimed against holding property in Benami transactions with some minor amendments and award for whistle blowers. A meeting of Finance Committee attended by only three members and presided over by Senator Saleem Mandviwalla on Thursday withdrew majority of its amendments, including reservations to allow a freehand to the government to have full access to any premises, place, account documents or computer to enforce any provision of the proposed Act.

Secretary Finance Dr Waqar Masood and Chairman Federal Board of Revenue (FBR) Nisar Muhammad Khan argued that without having this power, the proposed legislation can not be implemented. The chairman FBR further contended that "this provision exists in all the laws, customs sales tax and income tax of the FBR." The chairman of the committee expressed his concern over misuse of the provision but the secretary finance and FBR chairman stated that sufficient provisions have been incorporated in the proposed law to prevent misuse of the law and maintain a check.

However, the government accepted committee's suggestions to include a provision for whistle blower with a reward to make the law more effective and limit 65 years age for appointment of serving or retired chairperson and members of the tribunal with one-time three-year term.

State Bank of Pakistan representatives have also expressed their reservations over the clause in the Benami law for entry and search of premises of a banking company and stated that "this would create panic and we are trying to protect banks' reputation by opposing this clause." The SBP officials said that they have no objection to the powers of seeking information from a banking company but they would have reservations on any action beyond that level.

The secretary finance and chairman FBR, however, stated the section specific to banking company in the proposed law was not different in any way from Income Tax and Customs Laws.

The committee chairman, however, suggested to the representatives of the SBP to consult their high-ups on the matter and inform the committee. The chairman FBR also suggested a parliamentary committee to oversee the implementation and stated that the government is seeking time because an entire structure would be required to develop, including appointments of officials as well as establishment of adjudicating tribunals for the Benami Law.

Copyright Business Recorder, 2016


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