Law: Constitution of Pakistan, 1973

Section: 184(3)

Law: Constitution of Pakistan, 1973

Section: 184(3)

Law: Federal Tax Ombudsman Ordinance, 2000

Section: 2(3),9(1),11(1)

Constitution of Pakistan--- ----Art. 184(3)--- Establishment of the Office of Federal Tax Ombudsman Ordinance (XXXV of 2000), Ss. 2(3), 9(1) & 11(1)---Suo motu case under Art.184(3) of the Constitution regarding pilferage of ISAF-NATO containers under the garb of Afghan Transit Trade---Duty and tax evasion---Loss to public exchequer---Recovery of such loss by the Federal Board of Revenue (FBR)---Report containing findings and recommendations of Federal Tax Ombudsman---Said report indicated the quantum of the loss caused to the public exchequer was approximately Rs.55 billion, however the Federal Board of Revenue to-date had only recovered Rs.5,602,754 which for all intents and purposes was insignificant, when examined in juxtaposition, with the loss to the public exchequer---Performance of the Federal Board of Revenue, was far from satisfactory---Despite elapse of almost one and a half year since the report was compiled by the Federal Tax Ombudsman, no progress worth mentioning had been made for the recovery of the loss identified---Federal Board of Revenue did not bring on record as to how far the recommendations made by the Federal Tax Ombudsman in his report had been implemented despite the fact that a time frame in such behalf, had specifically been mentioned in S.11(1) of the Establishment of the Office of Federal Tax Ombudsman Ordinance, 2000---Supreme Court directed that Federal Tax Ombudsman as well as Chairman, Federal Board of Revenue should file reports identifying the extent of the implementation of the recommendations of the Federal Tax Ombudsman by the Department (FBR) and further such reports should also identify the modus operandi proposed and required to be undertaken to efficiently and expeditiously effect the recovery of the loss caused to the public exchequer. ORDER The report (C.M.A. No.1112 of 2013) has been submitted on behalf of the Federal Board of Revenue, which has been examined with the assistance of the learned counsel for the FBR. 2. The proceedings in the instant Suo Motu Case pertaining to the ISAF Container Scam commenced in the year 2010. During the course of the proceedings, allegations surface which prima facie,…

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