LAHORE: Lahore High Court (LHC) has dismissed writ petition against orders of Federal Tax Ombudsman. While deciding the matter of FTO’s jurisdiction in writ petition no .20123-22 (ALI AUTOS VS FTO & Other) and other two associated petitions, LHC has held that FTO’S orders can only be challenged before President.
As per details, Order stated that complaints filed before FTO, under section 10(1), regarding delay in refund, were adjudicated, after receiving para wise comments & hearing both sides that the refund application of petitioner, in terms of section 170(4) of Income Tax Ordinance 2001, had already been disposed of vide Bar code order 27.10.2020 and a legal remedy of appeal was available under section 127 of the Ordinance, which complainant didn’t avail.
Review filed with FTO by Petitioner was also dismissed on the above mentioned ground.
Honorable Court further held that “Review Orders” of FTO, declining to revisit his earlier orders, appears to be reasonable, which, prima facie, doesn’t require any interference”.
Court further held that FTO’s order could only be challenged in Representation with the President & this statutory remedy was never availed by the Petitioner.