Law: Income Tax Rules, 2002

Section: R.73(6)

Law: Federal Tax Ombudsman Ordinance, 2000

Section: S.2(3)

Income Tax Rules, 2002--- ----R.73 (6)---Establishment of the Office of Federal Tax Ombudsman Ordinance (XXXV of 2000), S.2(3)---Maladministration---Manipulation of data of by an unauthorized E-Intermediary---Complainant contended that in the e-system designed by the Federal Board of Revenue, anyone could exploit the verification process of the Election Commission of Pakistan, by filing income tax returns/wealth statements without the actual taxpayer's consent, permission or knowledge; and any election contestant could damage his opponent's candidature through filing his wrong income tax returns/wealth statements through an E-Intermediary---Validity---Revenue could not offer any plausible, justifiable defense against the evidence provided by the complainant---Federal Board of Revenue appeared to have badly failed to devise a secure automated online system to safeguard confidential and classified data of taxpayers---Gross negligence and incompetence together with possibility of collusion of Pakistan Revenue Automation Limited employees with criminal elements could not be ruled out---All such was a maladministration---Federal Tax Ombudsman recommended that Federal Board of Revenue to (i) take immediate remedial steps to ensure fool proof security of taxpayers' data (ii) create a system where addition of a client of E-Intermediary was predicated on verification by the Commissioner concerned; (ii) System must not issue the activation code without the electronic approval by the Commissioner (iii) ensure that annual withholding statements and withholding certificates etc generated through the Federal Board of Revenue web portal do not end up in fraudulent criminal hands and (iv) commission a thorough investigation by a credible third party in relation to the vulnerabilities system. FINDINGS/RECOMMENDATIONS DR. MUHAMMAD SHOAIB SUDDLE, FEDERAL TAX OMBUDSMAN.---The complainant, an advocate by profession, has alleged maladministration on the part of the FBR involving negligence and incompetence in ensuring security/safety of taxpayers' confidential and classified data. 2. The main contention of the complainant is that any E-Intermediary (EI) can show a taxpayer as his…

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