| Citation(s) |
|---|
| 2011 SLG 1424 2011 SLD 1424 2011 PTD 1205 |
Federal Tax Ombudsman
Review Petition No.22 of 2009 and Complaint No.1 of 2009, decision dated: 9-02-2010
DR. MUHAMMAD SHOAIB SUDDLE, FEDERAL TAX OMBUDSMAN
Yasir Tahir, Senior Advisor, Dealing Officer. Amir Muhammad and Fazal Elahi, Authorized Representative
Review Petition No.22 of 2009 and Complaint No.1 of 2009, decision dated: 9-02-2010
DR. MUHAMMAD SHOAIB SUDDLE, FEDERAL TAX OMBUDSMAN
Yasir Tahir, Senior Advisor, Dealing Officer. Amir Muhammad and Fazal Elahi, Authorized Representative
Messrs AMIR MUHAMMAD and another, Peshawar
VS
SECRETARY, REVENUE DIVISION, ISLAMABAD
Law:
Section:
(a) Establishment of Office of-the Federal Tax Ombudsman Ordinance (XXXV of 2000)--- ----Ss.14(8) & 10(3)---Powers of the Federal Tax Ombudsman--Review-Close of complaint for non-prosecution-Review application for reconsideration of decision---Review application was admitted by the Federal Tax Ombudsman for investigation under S.10(3) read with S.14(8) of the Establishment of Office of the Federal Tax Ombudsman Ordinance (XXXV of 2000). (b) Customs Act (IV of 1969)--- ----Ss.168, 171, 216 & 217---Establishment of Office of the Federal Tax Ombudsman Ordinance (XXXV of 2000)---Seizure of things liable to confiscation----Inspector Customs Anti-smuggling intercepted the vehicle on the suspicion of smuggling---Sales tax invoices issued by the supplier were shown and it was contended that goods were not being smuggled from non-tariff area but were being legitimately transported from his business premises under proper documentation in terms of sales tax invoices---Documentary evidence provided by the owner on the spot was rejected and goods were seized along with the vehicle and the recovery memos. were issued for the seizure of goods and vehicle---Validity---Complainants were involved by the Customs Anti-smuggling staff in a false case of smuggling for corrupt motives---"Information" was also concocted after the event to lend credence to the falsehood involved in the case---Allegation of corrupt motives behind such seizure stood established---Customs supervisory management not reviewing such cases and indulgence of Customs staff in such acts with impunity was highly undesirable as such acts of commission and omission constituted maladministration of a serious nature under S.2(3)(i) and (ii) of the Establishment of Office of the Federal Tax Ombudsman Ordinance, 2000---Federal Tax Ombudsman recommended that Federal Board of revenue to fix responsibility and proceed against the Customs officials responsible for the misconduct and maladministration in the case that concerned Inspector of Customs Anti-smuggling; be asked to show cause within 15 days as to why a compensation of Rs.50,000 may not be awarded to the driver of the vehicle for his loss of business, as…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492