| Citation(s) |
|---|
| 2015 SLG 2417 2015 SLD 2417 2015 PTD 2401 |
Federal Tax Ombudsman
Complaint No. 24/LHR/IT(16)/66 of 2015, decided on 6th July, 2015
ABDUR RAUF CHAUDHRY, FEDERAL TAX OMBUDSMAN
Muhammad Munir Qureshi, Advisor Dealing Officer. Waheed Shahzad Butt for the Complainant Authorized Representative. Ms. Attiya Ali Khan, Secretary (IT-Wing), FBR, Lahore Department Representative
Complaint No. 24/LHR/IT(16)/66 of 2015, decided on 6th July, 2015
ABDUR RAUF CHAUDHRY, FEDERAL TAX OMBUDSMAN
Muhammad Munir Qureshi, Advisor Dealing Officer. Waheed Shahzad Butt for the Complainant Authorized Representative. Ms. Attiya Ali Khan, Secretary (IT-Wing), FBR, Lahore Department Representative
ALI MANSOOR KHAN
VS
SECRETARY, REVENUE DIVISION, Islamabad court
Law: Federal Tax Ombudsman Ordinance, 2000
Section: 10(1),2(3)
Law: Income Tax Ordinance, 2001
Section: 149
Establishment of the Office of Federal Tax Ombudsman Ordinance (XXXV of 2000)----Ss. 2(3) & 10(1)--Jurisdiction of the Federal Tax Ombudsman-- Scope-- Maladministration-- Fraudulently prepared document-- Complaint against unauthorized CNIC access and unilateral issuance of NTN and subsequent amendment therein by the Department-- Contention of complainant was that the Regional Tax Office (RTO) issued a National Tax Number (NTN) on his name when he had not submitted any application for the same, and thereafter modified the same on basis of dubious documents--Validity--Objection to the Federal Tax Ombudsman's jurisdiction in the matter was misconceived as the present matter was much more than a simple case of forgery and certain Departmental functionaries had deliberately violated strict protocols for issuance of NTN and their motivation was wholly suspect, and such actions were contrary to the law and attracted provisions of S.2(3) of the Establishment of the Office of Federal Tax Ombudsman Ordinance, 2000, and violation of prescribed protocols was tantamount to maladministration and placed well within jurisdiction of the Federal Tax Ombudsman--Federal Tax Ombudsman observed that circumstances and highly suspect sequence of events, in the present case, raised many questions and strongly suggested foul play by the PRAL/Department functionaries and there existed a need that the Department take concrete steps to ensure that others were spared such harassment and that fraud perpetuated in the Department due to documents contrived fraudulently, came to an end--Federal Tax Ombudsman recommended that the Department conduct inquiry to determine as to how and by whom defective NTN certificate was issued in the name of the complainant; and devise fool-proof Standard Operating Procedures with the consultation of the National Response Centre for Cyber Crimes (NR3C) wing of the Federal Investigation Agency to stop use of fraudulently prepared documents in the PRAL; and devise a policy to validate all NTNs on the PRAL database through a system of biometric verification--Federal Tax Ombudsman further recommended that copy of the present complaint and all documents be…
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