Tax returns/declaration of assets by taxmen: FBR reluctant to comply with FTO order October 11, 2014 SOHAIL SARFRAZ0 CommentsE-mailPrintPDF Despite specific instructions issued by Federal Tax Ombudsman (FTO), the Federal Board of Revenue (FBR) is still reluctant to provide particulars of Inland Revenue Service (IRS) and Pakistan Customs Service (PCS) officials, who have failed to submit their tax returns/declaration of assets within the prescribed time. Tax experts told Business Recorder here on Friday that in compliance with the judgement of Supreme Court of Pakistan declaration of assets was required to be placed before the Promotion Boards. On the other hand, the FBR had not yet provided particulars of IRS/PCS officials, who have failed to submit their tax returns/declaration of assets within given time period. FTO office desires to take action on a complaint filed by a tax lawyer Waheed Shahzad Butt under Freedom of Information Ordinance, 2002 (FIO). FBR has termed it as a very sensitive issue and showed some reluctance to provide particulars of officials who have failed to submit their tax returns/declaration of assets within due time while earlier FBR itself has discontinued performance allowances of different defaulting officials. When contacted, Waheed Butt, who is a complainant under FIO, said: It is quite strange that Federal Government is unable to ensure its taxation measures within the revenue collecting agency FBR and following the footsteps of some parliamentarians, many FBR officers have not submitted declarations of income/assets while it is mandatory requirement for every government servant to submit declaration. The lawyer further added that Finance Minister Senator Ishaq Dar had taken a serious notice of a news item published in a section of press stating that 1200 out of 1743 FBR officials have not submitted their income tax returns. The minister has directed the FBR Chairman to verify the veracity of the report and if found correct, the defaulting officers should be directed to file their returns. Failing to comply with the directions given by the minister, punitive action should be taken against the non-compliant officers and their performance allowance must be stopped. In this regard, Shahzad Butt had earlier written a letter to the Member FBR, requesting to provide certain data in the light of Section 12 of the FIO. Over FBRs silence, he lodged a complaint with the FTO under FIO. After the amendments made vide Finance Act, 2013 taxpayers having an income of one million and above have to file income tax returns along with wealth statements for tax year 2013. However, he added, the FBR is unable to ensure its taxation measures within the department. Butt said: Every Government Servant is required to submit declaration of income and assets/liabilities on the close of every financial year ie, 30th June, by 31st July each year. However, information available reveals that the above requirement has not been fulfilled by many IRS & PCS officers since long, which is clear violation of the Conduct Rules, 1964, hence following information/ documents be provided: First, number of IRS/PCS officers who have fulfilled the conditions prescribed under Para 2 of Circular No 1, C No 1(4)M(HRM)/2012, dated 23.07.2012 up to year ended 30.06.2013 Secondly, number and names of IRS/PCS officers against whom Para 12 of Government Servants (Conduct Rules, 1964) read with Sl. No 23-A, chapter 9 titled Conduct, Efficiency & Discipline of Esta Code 2010 was invoked as Government Servant. Thirdly, number of IRS/PCS officers who had filed their declaration of income and assets/liabilities within the time frame (up to July 31 each year) for the last five years. Fourthly, any action taken against the IRS/PCS officers (names & designation of officers) who had not filed their declaration of income and assets/liabilities within the time frame prescribed under the law ie, 31st July each year for the last five years. Fifthly, number and names of FBR officials against whom following instructions contained in No F.2(105)DTP-II/94 dated 26th July 1994 were ever invoked:... disciplinary proceedings shall be initiated against an assessing officer if five of his assessments are reversed by the Appellate Authorities... For some unknown reasons FBR is reluctant to provide particulars of officials who have failed to submit their tax returns/declaration of assets within time, while the FIO law prescribed a mandatory condition that each request must be answered within 21 days but in FBR some functionaries are not willing to follow the law, Waheed added.
Posted on: Sat, 11 Oct 2014 06:43:26 +0000
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