Case Details

Citation(s)
2002 SLG 337 2002 SLD 337 2002 PTD 2072 (2002) 85 TAX 431
Federal Tax Ombudsman
Complaint No. 1440-L of 2001, decision dated: 16-01-2002
, JUSTICE (RETD.) SALEEM AKHTAR, FEDERAL TAX OMBUDSMAN
Complainant in person. Ghulam Rasool, D.C T. and Aurangzeb, S.O. for
Respondent

RAIS KHAN, SUPERINTENDING ENGINEER, CENTRAL CIVIL CIRCLE, PAKISTAN PWD, LAHORE

VS

SECRETARY, REVENUE DIVISION, ISLAMABAD

Law: Federal Tax Ombudsman Ordinance, 2000

Section: 9

Law: Wealth Tax Rules, 1963

Section: 17

Law: Income Tax Ordinance, 1979

Section: 56

(a) Establishment of Office of Federal Tax Ombudsman Ordinance (XXXV of 2000)---S.9---Income Tax Ordinance (XXXI of 1979), S.56---Wealth Tax Act (XV of 1963), S.17---Complaint---Filing of complaint---Complaint mentioning names of ten officers including complainant without having authority from remaining nine officers---Validity---All ten officers had levelled serious allegations against the functionaries of Income-tax Department---Complainant at the time of heating was accompanied by another officer, whose name was also mentioned in the list of complainants and to whom notices were issued---Both said officers were senior in their Department, thus, other eight persons naturally had confidence in them to put forth their point of view. (b) Establishment of Office of Federal Tax Ombudsman Ordinance (XXXV of 2000)--- ----S.9(2)(b)---Income Tax Ordinance (XXXI of 1979), S.56---Wealth Tax Act (XV of 1963), S.17---Jurisdiction of Federal Tax Ombudsman--­Scope---Misuse of official position by functionaries of Income-tax Department---Notices. under S.56 of Income Tax Ordinance, 1979 and S.17 of Sales Tax Act, 1963, were issued to complainant and his colleagues being officials of Pak PWD---Object behind such notices was to force the complainant and his colleagues to execute some illegal civil/ electrical/mechanical works of the officers of Income-tax Department--­Validity---Complainant had made allegations of maladministration cognizance of which could be taken by Federal Tax Ombudsman, thus, same did not fall out of jurisdiction by virtue of S.9(2)(b) of Establishment of Office of Federal Tax Ombudsman Ordinance, 2000. (c) Establishment of Office of Federal Tax Ombudsman Ordinance (XXXV of 2000)--- ----S.9- -Income Tax Ordinance"(XXXI of 1979), Ss.50 & 56---Wealth Tax Act (XV of 1963), S.17---Maladministration---Misuse of official position by officers of Income-tax Department---Officers of Income-tax Department in order to get some illegal works executed through complainant and nine other officials of Pak PWD issued them notices under S.59 of Income Tax Ordinance and S.17 of Wealth Tax Act, 1963---Complainant alleged such notices to be selective, targeted and mala…
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