Case Details

Citation(s)
2020 SLG 406 2020 SLD 406 2020 PTD 293
Federal Tax Ombudsman
THE SECRETARY REVENUE DIVISION, ISLAMABAD: IN THE MATTER OF OM 0085 of 2019, decided on 19th December, 2019.
MUSHTAQ AHMAD SUKHERA, FEDERAL TAX OMBUDSMAN
Syed Ayaz Mahmood, Advisor for Dealing Officer. Shahid Ahmad, Advisor for Appraisal Officer. Fazle Subhan, AdCIR (HQs), Mushtaq Ali Tunio, DCIR/DR, Ansar Ali Khan, ACIR and Tanweer Siddique, Audit Officer for Departmental Representative.

THE SECRETARY REVENUE DIVISION, ISLAMABAD: IN THE MATTER OF OM 0085 OF 2019, DECIDED ON 19TH DECEMBER, 2019.

Law: Sales Tax Rules, 2006

Section: 11

Law: Federal Tax Ombudsman Ordinance, 2000

Section: 2(3),2(3)(i)(ii)(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 maladministration committed by Department and its officials in field formations, in processing and sanctioning of bogus sales tax refunds - Federal Tax Ombudsman observed after issuance of Red Alert letters, failure to retrieve loss and not initiating action against culprits involved in bogus sales tax refunds was gross maladministration and except suspension of Registered Persons, two years after receipt of Red Alert, no effort to initiate proceedings to retrieve loss caused by such bogus refunds had been made by the Department -- Federal Tax Ombudsman directed that Department make investigations against officials and Registered Persons involved in bogus sales tax refunds and recover amount swindled from public exchequer -Complaint was disposed of, accordingly. FINDING/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 AZ Printers STRN 1700381604612 NTN 3374552-8, a Registered Person (RP), engaged in the manufacturing of pulp, paper and paperboard, investigation was conducted by the I I-IR FBR. It was revealed that on the basis of fake and flying input from Messrs Popular Board (Pvt.)…
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