| Citation(s) |
|---|
| 2017 SLG 1072 2017 SLD 1072 2017 PTD 1481 |
Supreme Court of Pakistan
Civil Appeal No. 1074 of 2009, decided & heard on: 19th January, 2017. (Against the judgment Dated 20-3-2009 of the Lahore High Court, Lahore passed in W.P. No. 11983 of 2005).
UMAR ATA BANDIAL, JUSTICE, MAQBOOL BAQAR, JUSTICE
Khalid Abbas Khan, Advocate Supreme Court for Appellants. Nemo for
Respondent No.1. Ex parte: for
Respondents Nos.2 and 3.
Civil Appeal No. 1074 of 2009, decided & heard on: 19th January, 2017. (Against the judgment Dated 20-3-2009 of the Lahore High Court, Lahore passed in W.P. No. 11983 of 2005).
UMAR ATA BANDIAL, JUSTICE, MAQBOOL BAQAR, JUSTICE
Khalid Abbas Khan, Advocate Supreme Court for Appellants. Nemo for
Respondent No.1. Ex parte: for
Respondents Nos.2 and 3.
FEDERATION OF PAKISTAN THROUGH SECRETARY REVENUE DIVISION, ISLAMABAD AND OTHERS
VS
. M/S. SAHIB JEE AND OTHERS
Law: Federal Tax Ombudsman Ordinance, 2000
Section: 11,11(1),11(2),14(8),32
(a) Establishment of Office of Federal Tax Ombudsman Ordinance (XXXV of 2000)---.--- ---.----Ss. 11 & 32---.---Reference to the President against recommendation of Ombudsman---.---Scope---.---When the Revenue Division or any person was aggrieved of a recommendation made by the Federal Tax Ombudsman in terms of S.11 of the Establishment of Office of Federal Tax Ombudsman Ordinance, 2000, it/he may file a representation to the President of Pakistan within 30 days of such recommendation---.---Said remedy of representation, though not stricto sensu akin to an appeal, was nevertheless a statutory remedy and, therefore, the provision must be strictly construed and applied, meaning thereby that a representation was only available to either the Revenue Division or an aggrieved person as against a recommendation of the Federal Tax Ombudsman within 30 days' time. (b) Establishment of Office of Federal Tax Ombudsman Ordinance (XXXV of 2000)---.--- ---.----Ss. 11 & 32---.---Reference to the President against recommendation of Ombudsman---.---Scope---.---Section 32 of the Ordinance, providing for representation before the President, did not envisage a representation against an order passed by the Federal Tax Ombudsman which was not in the nature of a recommendation. (c) Establishment of Office of Federal Tax Ombudsman Ordinance (XXXV of 2000)---.--- ---.----S.14(8)---.---Federal Tax Ombudsman---.---Review, power of---.---Scope---.---Section 14(8) of the Establishment of Office of Federal Tax Ombudsman Ordinance, 2000 empowered the Ombudsman to review any finding communicated or recommendation made or any order passed by him---.---Said power of review either invoked on behalf of an aggrieved person or the Revenue Division had a wider scope and three kinds of decisions could be reviewed by the Ombudsman; first, the findings which were communicated in terms of S.11 of the Ordinance; second, a recommendation made by him; and third, any other order passed by him. (d) Establishment of Office of Federal Tax Ombudsman Ordinance (XXXV of 2000)---.--- ---.----Ss. 14(8) & 32---.---Reference to the President against order of Ombudsman passed in review…
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