Law: Customs Rules, 2001

Section: 455 TO 460

Law: Establishment of the Office of Federal Tax Ombudsman Ordinance, 2000

Section: 2(3), 9 & 10

Customs Rules, 2001--Rr. 455 to 460---Establishment of Office of Federal Tax Ombudsman Ordinance (XXXV of 2000), Ss.2(3), 9 & 10---Delay in payment of duty draw back claims---Complainant was aggrieved and dissatisfied with alleged discriminatory treatment and delay in payment of duty draw back claims---When export rebate was provided as incentive to the exporters to remain competitive, delay of 2 to 3 years in payment to Federal Board of Revenue/Collectorates, would undermine the spirit of scheme---Claimant was given priority or attention only when he either would file a writ or a complaint---Delay, inattention and inefficiency in handling the matter of Duty Draw was maladministration---Ombudsman recommended that Federal Board of Revenue would direct the Chief Collector to settle complainant's claim as per law within 30 days; to form a Committee of relevant officials of Collectorates of exports to evolve workable strategy to address the systemic issues of unacceptable levels of delay in processing of claims; to settled all pending refund claims, as per law, within three months and to submit a monthly progress report to Federal Tax Ombudsman Secretariat.FINDINGS/RECOMMENDATIONS DR. MUHAMMAD SHOAIB SUDDLE, FEDERAL TAX OMBUDSMAN.---The firm is manufacturer and exporter of textile made-ups. Being aggrieved and dissatisfied with alleged discriminatory treatment and due to intransigent attitude of customs authorities of Model Customs (PaCCS) and Model Customs Collectorate (Exports) for delay in payment' of duty draw back (DDB) claims filed in terms of Rules 445 to 460 of Customs Rules, 2001, this complaint has been filed. 2. The claims relating to the years 2006-2009 shown pending till October, 2009 (till filing of complaint) are as under:-- (1) Export Collectorate for the years 2006 and 2008 7 claims involving Rs.86,709 (2) PaCCS Collectorate for the years 2006 to 2009 78 claims involving Rs.1,271,225 3. Responding to the complaint, Mr. S.M. Tariq Huda, Additional Collector PaCCS vide his letter dated 9-12-2009 admitted pendency. 4. The AR stated that not only a number of letters were not responded to by the Department, the e-messages sent by the Department were…

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