FTO orders recovery from Inland Revenue Officers.
Abbottabad -- Federal Tax Ombudsman (FTO) has ordered recovery from officers of Inland Revenue Officers Abbottabad in a case of unlawful recovery through bank attachment of a taxpayer on a complaint No 312/ISB/IT/2018 dated 27/02/2018.
The FTO, Mushtaq Ahmed Sukehra ordered dated May 21, 2019 in a complaint filed by a taxpayer Faryal Khan against unlawful recovery of tax demand from the bank account of the complainant outstanding against a private limited company East End Tobacco Company Pvt Ltd, and undue delay in refunding the same.
The complainant also sought for award of cost and compensation along with additional payment for delayed refund under section 22 of the FTO Ordinance.
The complainant Faryal Khan as an individual assessed to tax at Regional Tax Office (RTO) - III Karachi.
According to the taxpayer, the Inland Audit Officer Unit 2 Haripur, RTO Abbottabad, without considering the fact that the complainant was assessed to tax at, RTO-III Karachi against whom no tax demand was outstanding and without serving on him any prior notice, illegally attached his bank accounts and recovered Rs1.714 million.
The findings of the Federal Tax Ombudsman in this case showed that administrative excesses for improper motives, neglect, inattention, delay, incompetence, ineptitude and inefficiency in the discharge of duties and responsibility and as a consequence unlawful recovery of tax liability outstanding against a private limited concern from the bank account of the complainant tantamount to maladministration.
The Federal Tax Ombudsman directed the FBR to: recover Rs0.45 million from Muhammad Asghar Khan Niazi, Zonal CIR, RTO Abbottabad and Hafiz Muhammad Rafaqat, IAO, Unit Regional Tax Office Abbottabad (costs and compensation) in equal shares and arrange to pay the same to the complainant; 2, Fix responsibility regarding administrative excesses neglect, inattention, delay, incompetence, ineptitude and inefficiency in the administration or discharge of duties and responsibility and initiate appropriate disciplinary proceedings against the officials found accountable; and direct the commission - IR concerned to issue additional payment for delayed refund to the complainant.