KARACHI: The Federal Tax Ombudsman has directed the Federal Board of Revenue (FBR) to provide details of the cases where the FBR/field formations have filed writ petitions against findings/orders and submit the compliance report by March 4, 2016.
In this regard, Arshad Mahmood Cheema, Registrar, Federal Tax Ombudsman, has forwarded a letter to the FBR chairman, asking for the compliance report.
According to the letter available with Customs Today, under article 32 of the Establishment of the Office of Wafaqi Mohtasib Order 1983 (President’s Order 1 of 1983), an agency i.e. ministry, division, department of the federal government, or a statutory corporation or institution established and controlled by the federal government, aggrieved by a decision or order to Wafaqi Mohtasib can make a representation before the president against such decision or order.
“The order of the president on such representation is not in the nature of judicial decision between the aggrieved person and the concerned agency. Rather, it is an administrative decision, which an agency is expected to comply with. However, it has been observed that in a few cases, the agencies challenged the decisions/orders of the Wafaqi Mohtasib in high courts even after these had been affirmed by the president,” it added.
Since the executive authority of the federation vests in the president and the agencies either have been established or are controlled by the federation, the aforesaid act of the agencies to challenge the Wafaqi Mohtasib findings/orders after their affirmation by the President is not in order”, it said.
The letter further stated that FBR/field formation are requested to reiterate above instruction within their ministries/divisions/departments and autonomous bodies, etc for strict compliance; direct all departments/autonomous bodies etc under their administrative control, to provide details of the cases to the concerned secretariats of the respective ombudsmen, where agencies has filed writ petitions against findings/orders of the ombudsmen after the same have been affirmed by the President; ensure withdrawal of the said writ petitions under intimation to the President’s Secretariat (Public), the Cabinet Division and the respective Federal Ombudsman.
