ISLAMABAD: The Federal Tax Ombudsman (FTO) has directed an investigation against the Federal Board of Revenue (FBR) for burdening the taxpayers with heavy cost for forcefully implementation of SRO 428 to online integrate businesses and configure retail outlets with FBR’s e-computerized system.
The FTO office will also investigate alleged violation of privacy available to the taxpayers’ data under section 216 of the Income Tax Ordinance 2001.
It is reliably learnt that on the basis of a complaint moved by a Lahore based taxpayer through advocate Waheed Shahzad Butt, the office of the FTO has issued notice to the secretary Revenue Division and Chief CIR to submit a reply to the allegations contained in the complaint by October 16, 2024.
E-compliance for real-time integration: Taxpayers including those in 14 business categories will have to pay heavy cost
The specified 14 categories of business enterprises included in the SRO 428(I)/2024 were required to be compulsory integration.
Tax lawyer stated how can a private company pick, hold and use taxpayer’s fiscal data under the umbrella of online integration of businesses and configure retail outlets with FBR’s e-computerized system when the Supreme Court in their separate notes in PLD 2021 SC1 ordered initiation of Disciplinary proceedings under E&D Rules and criminal proceedings under section 198 against tax officials who contravened section 216 (privacy of taxpayer data).
Tax lawyer added that FBR Legal/Operations/IT Wings are facing severe criticism for their failure to effectively address the issues of taxpayers. He added that despite the FBR’s responsibility to ensure fair and equitable modes of taxation for all citizens.
The complaint has been moved against Secretary Revenue Division, IR-Operations, Legal, and Information Technology Members, CCIR and a private limited company of Karachi for alleged maladministration of justice in violation of section 216 of the ITO, 2001, burdening the taxpayers in forcefully implementation of SRO 428 under the umbrella of online integration of businesses and configure retail outlets with FBR’s e-computerized system.
Complainant further added “to avoid heavy cost of litigation and wastage of precious time/resources, kindly issue recommendations to the FBR to provide complete documentation, SOP(s), Flow Chart of Fiscal/tax information provided to private company selected by FBR, breach of personal privacy under the law (Section 216), exorbitant charges, similar practices in neighboring and other countries in the World, lawful mandate to nominate one private company across Pakistan for POS activities, and other ancillary documents/data to prove that there is no favoritism and nepotism on the part of FBR tax employees, before proceedings further in the instant case.”
To initiate criminal proceedings under Section 198 of the ITO, 2001 against tax employees responsible for this biased, one sided forceful implementation of a good law through a private limited company at exorbitant cost, in the light of the apex court judgments PLD 2021 SC 1 and PLD 2022 SC 119, complainant requested.
