| Citation(s) |
|---|
| 2009 SLG 660 2009 SLD 660 2009 PTD 1254 |
Federal Tax Ombudsman
Complaint No. 505 of 2004, decision dated: 19-04-2005
JUSTICE (RETD.) MUNIR A. SHEIKH, FEDERAL TAX OMBUDSMAN
Muhammad Akbar (Advisor) (Dealing Officer). Mian Abdul Ghaffar for the Complainants. Muhammad Talib Hussain, A.C. AFU, Multan for
Respondent.
Complaint No. 505 of 2004, decision dated: 19-04-2005
JUSTICE (RETD.) MUNIR A. SHEIKH, FEDERAL TAX OMBUDSMAN
Muhammad Akbar (Advisor) (Dealing Officer). Mian Abdul Ghaffar for the Complainants. Muhammad Talib Hussain, A.C. AFU, Multan for
Respondent.
MUHAMMAD FAROOQ THROUGH ATTORNEY AND ANOTHER
VS
SECRETARY, REVENUE DIVISION, ISLAMABAD
Law: Customs Act, 1969
Section: 168
(a) Customs Act (IV of 1969)--S.168---Establishment of Office of Federal Tax Ombudsman Ordinance (XXXV of 2000), S.2(3)---Seizure of things liable to confiscation---Release of vehicle after 18 days from the date of delivery of certified copy of court's ---Validity---Delay in releasing the vehicles after the High Court's decision declaring the acts of the department illegal, especially in the absence of any stay order, causing inconvenience/harassment to the complainants and the inaction and inattention to which some of the applications submitted by the complainants were subjected to acts which were tantamount to `maladministration'---Ombudsman observed that there was need for inquiry into causes of delay in the release of vehicles following Court's order and the alleged misconduct of the staff to pinpoint responsibility for taking appropriate action against those responsible for it. (b) Customs Act (IV of 1969)--- ----Ss. 216 & 168---Establishment of Office of Federal Tax Ombudsman Ordinance (XXXV of 2000), S.2(3)---No compensation for loss or injury except on proof of neglect or wilful act---Release of vehicle---Complainant alleged that during detention of vehicle valuable parts such as suspensions, Gear Boxes, Clutches, Tyres, Batteries, Tool Boxes etc. were replaced/changed and the documents, including registration books were stolen---Complainants suffered a loss by way of repairs, replacement of parts, tyres etc. which were removed by the Department---Department's acts such as detention, seizure of vehicles, non-implementation of Court's orders resulting in heavy losses may be declared illegal, void and mala fide---Department he directed to pay the compensation for the financial loss suffered by them and appropriate actions may be initiated against delinquents for maladministration---Validity---Complainants were to prove before the Department that there was damage or loss and that it was caused wilfully---Complainants may lodge a claim with the department, prove their case and obtain decision on merit in accordance with the provisions of law---Intra-Court Appeals filed by the Department against High Court's order were pending and sub judice, it was not…
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