Case Details

Citation(s)
2019 SLG 2833 2019 SLD 2833 2019 PTD 1996
Federal Tax Ombudsman
Complaint No. 1600/LHR/IT of 2018, decision Dated: 23-04-2019
MUSHTAQ AHMAD SUKHERA, FEDERAL TAX OMBUDSMAN
Munwar Ghafoor and Manzoor Hussain Kureshi, Advisors for Dealing Officer Appraisal Officer. Waheed Shahzad Butt for Authorized Representative. Sajjad Taslim Azam, Commissioner-IR CRTO, for Departmental Representative.

ER ZEESHAN SHAHID

VS

THE SECRETARY, REVENUE DIVISION, ISLAMABAD

Law: Federal Tax Ombudsman Ordinance, 2000

Section: 2(3),9,9(1),10,10(1)(4),122(3),122(3)(b) ,177

Establishment of Office of Federal Tax Ombudsman Ordinance (XXXV of 2000)- -Ss. 10, 2(3) & 9-Complaint against alleged non-authorized use of complainant's CNIC for fraudulent issuance of National Tax Number (NTN) in complainant's name and subsequent unlawful filing of return of income-Jurisdiction of the Federal Tax Ombudsman-Mal-administration-Scope-Contention of complainant, inter alia, was that after purchasing a vehicle, an agent unlawfully with the help of Department's officials used his CNIC for issuance of NTN and filing of return-Validity-CNIC was admittedly handed over with the complainant's consent to the agent for purpose of registration of vehicle and payment of taxes as non-filer, however, fake mobile number and email address had been used, due to the Department's withdrawal of a check whereby taxpayer were required to disclose/use SIM cards issued in their own names for purpose of registration-Such withdrawal of said check created a loophole in the IRIS module which was being exploited by unauthorized persons-Federal Tax Ombudsman observed that in the present case since complainant himself gave his CNIC to the agent who in turn took advantage of a systemic flaw, therefore maladministration could not be attributed to the Department-Federal Tax Ombudsman however, recommended that Department ensure that at the time of registration the taxpayer should provide his cellular phone number duly registered in his/her name at least thirty days earlier and that his/her email be required in the original IRIS module-Complaint was disposed of accordingly. 2014 PTD 1353; 2013 PTD 2226 and 2015 PTD 2401 ref. FINDINGS/RECOMMENDATIONS MUSHTAQ AHMAD SUKHERA, (FEDERAL TAX OMBUDSMAN).-The complaint was filed under Section 10(1) of the Federal Tax Ombudsman Ordinance, 2000 against; 1) unauthorized access to the Complainant's Computerized National Identity Card (CNIC) 352024229229-9; ii) unilateral issuance of National Tax Number (NTN); and iii) unlawful filing of return for Tax Year 2017 and wealth statement. 2. The Complainant, a non-filer individual, purchased a motor vehicle during April 2018. According to the AR, after paying all dues/ taxes applicable, the…
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