Law: Federal Tax Ombudsman Ordinance, 2000

Section: 2(3)

Establishment of the Office of Federal Tax Ombudsman Ordinance (XXXV of 2000)---S.2(3)---Maladministration---Inaction, delay and negligence on the part of Collector (Appeals) to decide appeals against\Order-in-Original passed by the Deputy Collector Customs---Collector (Appeals) submitted that appeals were under objection as the complainant did net furnish the required court fee, and the appeals were also time-barred---Collector (Appeals) was unable to explain as to what precluded him from passing a proper order; and pleaded that his office did not inform him about appeals being pending without any action; and assured that 'action in accordance with law would be initiated without any further delay; and appeals would be disposed of within 30 days in accordance with law, after affording opportunity to the complainant---Appeals filed were left unattended for over 08 months, which spoke of delay, inattention and negligence on the part of Collector (Appeals), hearing, the AR submitted that grievance of the complainants was about inaction, delay and negligence on the part of Collector (Appeals) to decide their appeals against the orders-in-original dated 3-4-2010 passed by Deputy Collector Customs, in pursuance of the Findings/ Recommendations 'of the Hon'ble FTO. tantamountting to maladministration---Federal Tax Ombudsman recommended that Federal Board of Revenue direct the Collector (Appeals) to dispose of appeals filed by the complainants within 30 days in accordance with law, after affording opportunity of hearing to the complainant. FINDINGS/RECOMMENDATIONS DR. MUHAMMAD SHOAIB SUDDLE (FEDERAL TAX OMBUDSMAN).---The two complaints though by different complainants are joined for disposal as they involve identical issue, and are represented by the same AR. 2. The complainants plead that being charged for mis-declaration, they were issued show-cause notices, followed by Order-in-Original, whereby a fine equivalent to 50% of the ascertained value was imposed with personal penalty of Rs.100,000. When they approached the Department for release of goods, they came to know that goods had already been auctioned. They, therefore, filed claims for refund of amount of duty…

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