It is learnt that due to non compliance by the FBR, the FTO has issued notice to the Secretary Revenue Division/Chairman FBR and summoned the record on December 20, 2018 in a complaint for massive irregularities in misuse of the ATL facility, evasion of WHT by non-filers, unauthorized CNIC access, unilateral issuance of NTN, filing of unauthorized income tax return, wealth statement, causing huge loss of revenue in active connivance of some department officers.
A specific application was moved before FTO which states "complaint was admitted for investigation and the Department was required to file para-wise comments but no one from Revenue Division side is willing to take this serious issue of Cheating with Exchequer professionally. Instant complaint is not a simple refund / notice /assessment matter but a biggest scam to unmask massive irregularities in misuse of Active Taxpayer (ATL) facility. Non compliance by the FBR hindered the expeditious disposal of complaints. Kindly initiate disciplinary action in terms of Section 9(3) of the Federal Ombudsman Institutional Reforms Act, 2013 against the delinquent FBR officials".
As per record complaint has been moved by Zeeshan Shahid through Advocate Waheed Shahzad Butt before the FTO against Secretary Revenue Division, FBR/IRIS (NTN Wing), working at Lahore and all Chief Commissioners Inland Revenue, LTU(s), CRTO(s) & RTO(s). The complainant has alleged that IRIS/FBR Lahore office unilaterally issued a NTN in his name on April 18, 2018 when he had not submitted any application and later, on the same day, income tax return and wealth statement for tax year (TY)-2017 have been submitted without his knowledge and permission, obviously with the active connivance of someone working in FBR/IRIS.
It has been further alleged this is much more than a simple case of forgery. Certain FBR/IRIS functionaries have deliberately violated the strict protocols instituted for issuance of NTN and their motivation is wholly suspect, when on the same day NIL income tax return with NIL wealth statement have been filed / submitted for Tax Year 2017. Their actions are contrary to the law and also attract the provisions of Section 2(3) of the FTO and Electronic Crime Laws. The violation of prescribed protocols being contrary to the law is tantamount to severe maladministration of justice and absolute cheating not only with innocent citizens but also with the national exchequer.
Earlier orders on the issue are eye opener for the stake holders: (2015 PTD 2401) "The circumstances and highly suspect sequence of events discussed supra raise many questions and strongly suggest foul play by PRAL functionaries". (109 Tax 12 = 2014 PTD 1424) "FBR to proceed against Tax Employees found involved in perpetration of fraud and bring them to justice, particularly those in the higher ranks". (109 Tax 1 = 2014 PTD 1353) "Whether though extreme vulnerability of FBR's e-system was demonstrated publicly, CEO PRAL was not ready to accept naked truth", it added.
In the name of principles of natural justice and fair play, it is requested that criminal proceedings may be initiated against the rogue elements representing FBR/IRIS, for not recovering lawful taxes for the public exchequer under the law, complainant added.