Law: Customs Act, 1969

Section: 33

Customs Act (IV of 1969)--Ss. 33 & 202---Establishment of Office of Federal Tax Ombudsman Ordinance (XXXV of 2000), Ss. 2(3)(i), 9 & 10---Deduction of amount despite refund claim of huge amount was pending with Customs---Complaint had been directed against Inland Revenue and Customs Authorities alleging that Inland Revenue on the direction of Customs Authorities had deducted amount, despite refund claim of the complainant was pending with Customs---Contention of the complainant was that Customs Authorities should have sanctioned refund claim of the complainants and then deduct amount to settle recovery action---Claim of the complainant was correct---Inordinately delaying settlement of refund claims of a taxpayer and coercing recoveries of government duties from him, was discriminatory, unfair and unjust besides, being contrary to the well established concepts of equity and good governance---Federal Board of Revenue was recommended to decide on merits the. refund claim of complainant with customs within fifteen days; to issue a Policy directive to the field formations to simultaneously settle the pending refund claims of taxpayers and deduct the recoverables, if any from the sanctioned amount of refund before resorting to coercive measures for recovery of government dues from the same tax-payers and compliance be reported within twenty days. FINDINGS/RECOMMENDATIONS DR. MUHAMMAD SHOAIB SUDDLE, FEDERAL TAX OMBUDSMAN.---The complaint under reference is directed against Inland Revenue, Peshawar, and Peshawar Customs. It is alleged that the Inland Revenue authorities of Peshawar have deducted an amount of over Rs.2.23 million on the directive of the Customs authorities despite the fact that their refund claim of Rs. 4.23. million was pending with Customs and on an average Rs. 42.00 million of refund generally remains pending with the Inland Revenue Service, Peshawar. Therefore, the Customs authorities should have sanctioned their refund claim of Rs.4.23 million and deducted the amount of Rs.2.23 million from that to settle their recovery action. But it was unjust according to the complainants to pend the sanction of refund due to the taxpayers and coerce…

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