Law: Income Tax Ordinance, 1979

Section: 2,.27,28,29,62,9&2(3),284,287(1)(a)(d),2 88

Establishment of Office of Federal Tax Ombudsman Ordinance (XXXV of 2000)---Ss. 9 & 2(3)---Income Tax Ordinance (XXXI of 1979), Ss.27, 28, 29 & 62---Companies Ordinance (XLVII of 1984), Ss.284, 287(1)(a)(d), 288---Jurisdiction, functions and powers of the Federal Tax Ombudsman---Capital gain---Amalgamation of companies-Assessment of capital gain---Assessee contended that in case of amalgamation of one company with `another with all its assets and adjustment or allotment of shares of the company with which it was amalgamated did not legally amount to transfer of capital assets as amalgamated with entire assets and stood dissolved without winding up---Department contended that Federal Tax Ombudsman had no jurisdiction to make any recommendation as regards decision or of judicial Tribunal set up under the Income Tax Ordinance, 1979 which was not part of the Revenue Division and passed in the case by the Income Tax Appellate Tribunal dismissing appeal filed by the complainant/assessee was immune from challenge before Federal Tax Ombudsman---Validity--Complainant/assessee availed statutory remedies by filing appeal before First Appellate Authority against the order of Assessing Officer and before the Income Tax Appellate Tribunal, which were dismissed---Jurisdiction of Federal Tax Ombudsman extended to proceedings within Revenue Division. and its officers and not the Income Tax Appellate Tribunal, which was a judicial Tribunal and not part of revenue division---Appellate Tribunal was an independent body and Federal Tax Ombudsman had no power to make any recommendation or pass any direction in respect of passed by the Appellate Tribunal---Complaint was disposed of being not maintainable and the case was closed. THIS FINDING DECISION BY : JUSTICE (RETD.) MUNIR A. SHEIKH, (FEDERAL TAX OMBUDSMAN).----The facts of the case are that the complainant, a non-resident company incorporated in the United Kingdom was a shareholder, in accompany know as Reckitt & Colman (Pvt.) Limited hereinafter called as "RCPPL" and held 5,562,959 ordinary shares of Rs.10 each. RCPPL was merged with Reckitt & Colman of Pakistan' Limited (RCPL) under a Scheme of arrangement for…

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