ISLAMABAD: In order to reduce the Rs. 2.3 trillion tax revenue claims stuck in litigations in superior courts, the Federal Board of Revenue (FBR) has decided to approach trade bodies, including chambers of commerce all across the country to utilize the Alternate Dispute Resolution (ADR) option to the optimum level.
According to a document of the FBR to end litigation of Rs. 2.3 trillion in courts, the Customs Wing of FBR is putting special emphasis on availing the Alternate Dispute Resolution (ADR) mechanism under Section 195C of the Customs Act, 1969, for quick and amicable disposable of pending litigation cases.
In this regard, the field formations have been directed to identify cases that are suitable for disposal through ADRCs. The Customs Wing is in the process of reaching out to trade bodies, including chambers of commerce all across the country to utilize the ADRC option to the optimum level. The Customs Operation wing has already set up ADRCs in five cases, with three more in the pipeline and efforts are being made to maximize the use of this mechanism for quick and early disposal of pending litigation cases.
In order to discourage frivolous litigation all Chief Collectors/ Director Generals have been asked to forward the recommendation for filing of Appeals/SCRAs after satisfying themselves with the legality/propriety involved in the questions of law being framed to the Board.
In order to discourage the filing of Appeals/ References on frivolous grounds, the field formations have been directed that only sound and specific questions of law, if they so exist, should be raised rather than general questions of law/grounds for filing appeals/references.
FBR Chairman along with Member (Legal-IR) held back-to-back meetings with Chief Justice Lahore High Court and then with Chief Justice Islamabad High Court recently. They were apprised of the efforts that FBR is making to liquidate its pendency and both Chief Justices were requested for their kind support.
After the meetings, FBR has appointed CCIR, LTO Lahore as focal person for all cases that relate to Lahore field formations and also of cities around Lahore like Multan, Faisalabad, Sialkot, Gujranwala. Similarly, CCIR, LTO Islamabad has been appointed as the focal person to liaise and coordinate with the Islamabad High Court and relevant field formations which are in Islamabad and Rawalpindi. Both focal persons have been strictly advised to focus on priority cases and at the same time ensure that courts are properly briefed and assisted. In addition, they have to ensure that frivolous litigation should not take place.
Member (Legal-IR) also had productive interaction with the Supreme Court of Pakistan Registrar and Secretary Ministry of Law & Justice. The registrar was requested for early fixation of revenue cases involving substantial revenue and where a stay has been granted by the Supreme Court of Pakistan and High Courts. Standing instructions have already been issued to the relevant Field Formations to file applications for early fixation of cases pending before various courts. Similarly, Secretary Law & Justice was requested to provide FBR lists of pendency that exist at the Appellate Tribunal Fora. The moment this list is received it will be shared with all field formations urging them to apply for an early hearing of these cases at the Appellate Fora.
