Law: Sales Tax Rules, 2006

Section: R.11,12

Law: Sales Tax Act, 1990

Section: 21(2)

Law: Federal Tax Ombudsman Ordinance, 2000

Section: 2(3)(ii(i)(d),9(1),10,10(4)

Sales Tax Rules, 2006--R. 11-Establishment of Office of Federal Tax Ombudsman Ordinance (XXXV of 2000), Ss.10, 9(1) & 2(3) - Jurisdiction, functions and powers of the Federal Tax Ombudsman - Own motion complaint - Maladministration -Bogus sales tax refunds -- Own Motion complaint against failure of Department to initiate action against claimants of bogus sales tax refunds and their connivers in the Department, bank officials and PRA management Federal Tax Ombudsman observed that registration and issuance of refund was not a simple task but required teamwork involving not only beneficiaries of such fraud but also officials in departments and banks who facilitated in opening of bank accounts from which refund cheques were drawn - Failure of Department to initiate action against such persons tantamount to maladministration - Federal Tax Ombudsman recommended that Department direct concerned Commissioner to investigate and identify officials involved in registration of fake Registered Persons, and take disciplinary and criminal action and recover amount swindled from public exchequer - Complaint was disposed of, accordingly. FINDINGS/RECOMMENDATIONS: MUSHTAQ AHMAD SUKHERA, FEDERAL TAX OMBUDSMAN:---.--- This is an own motion investigation initiated while exercising powers conferred under Section 9(1) of the Federal Tax Ombudsman Ordinance, 2000 to investigate irregularities committed by the FBR field formations in processing and sanctioning of bogus sales tax refund during the period 2011-14 as identified by the Directorate General I&I-IR, FBR. The "Red Alerts" in such case were issued to the field formations concerned but neither any action was initiated against the fake claimants and their connivers in the Deptt, who were involved in bogus registration, processing and sanctioning of fraudulent refund and issuance of refund cheques, nor was any action proposed against the related officers/officials of bank branches concerned and PRAL management. 2. In the case of Messrs Amharic Traders STRN 1703999801282 NTN 3374552-8, a Registered Person (RP) engaged in the manufacturing of other textiles N.E.C, the investigation conducted by I&I-IR FBR, revealed that:…

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