Law: Federal Tax Ombudsman Ordinance, 2000

Section: 2(3),9

Law: Income Tax Ordinance, 1979

Section: 50,96

Income Tax Ordinance (XXXI of 1979)].....Ss. 96 & 50 Establishment of Office of Federal Tax Ombudsman Ordinance (XXXV of 2000), Ss.2(3) & 9 Refund Deduction of tax at source Maladministration Non approach to withholding agents -Unfair motives Assessee alleged that Department deliberately avoided to give complete credit claimed on account of tax deducted from their proceeds, in order to delay refund of amount deducted in excess of their assessed liability Department contended that balance claim was unverified and required verification from various DPCs and DPUs/Treasuries and as soon as the process of verification was completed the refund will be issued to the complainant Validity -Functionaries dealt with the tax withholding agents very casually and, quite obviously, did not attach due importance to the fact that millions of rupees deducted on behalf of the State by the Textile Mills and several others were unlawfully retained by them for indefinite periods to be employed in their own business at the cost of public -Such an act amounted to embezzlement of Government funds by the withholding agents In the present case four mills had deducted Rs.454,365 only from the complainant as far back as 1997 98 and paid these into Government Treasury after almost four years, on 8 2 2002 and that too when the complainant pressed them to give copies of the treasury challans Complainant claimed to have furnished a long list of other tax deducting agencies who deliberately did not deposit amounts into the exchequer Assessee furnished photo copy of letter dated 3 3 2002 written by him to the Commissioner of Income tax pointing out this embezzlement -Maladministration having been established, Federal Tax Ombudsman recommended that the concerned Regional Commissioner of Income--tax to ensure that the refund of the remaining amount due to the complainant be issued within 15 days of the date of the order; that the additional tax be charged under S.86 of the Income Tax Ordinance, 1979 on the delayed deposits; that notices be issued to all the defaulters under S.116 of the Income Tax Ordinance, 1979 for default under S.108 of the Income Tax Ordinance, 1979 for non filing of…

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