KARACHI: President office upheld the decision of FTO in case of a senior citizen who was being dragged in litiagation and unending tale of misery of FB.Abdul Hamid Khan, an Eighty two year old complainant filed return of income for Tax Year 2020 under 114(1), claiming refund amounting to just Rs.2333/. The refund arose on account of advance tax collected under Section 236 of the Ordinance on landline telephone and cell phone. The Complainant e-filed refund application for Tax Year 2020 followed by a representation and addressed to the Chairman, FBR Islamabad. Thereafter, in response to a notice issued under Section 170(4) of the Ordinance; the Complainant submitted through Iris letter requisite documents i.e. certificates of tax deduction etc. The complainant e-filed refund application on 19th October, 2020 followed by representation to FBR Chairman on 24th December, 2020.
The Unit officer of FBR rejected his refund claim, on 29.01.2021, on the grounds that the applicant had failed to furnish the original certificates required for authentication.Rejection of refund claim of just rs 2333/- in the manner processed by the concerned officer was mockery and travesty of law, procedure and instructions of FBR.
The complainant then took up the matter with the Federal Tax Ombudsman (FTO) to seek redressal of his complaint. As per FTO’s observations, it appeared that unlawful treatment meted out in the instant case with a view to irritate and humiliate an aging pensioner of 82 years of age which clearly indicates maladministration.
Federal tax ombudsman directed FBR to revisit the impugned order dated 29.01.2021 in terms of Section 122A and pass fresh order under Section 170(4) of the Ordinance, after providing the Complainant opportunity of hearing, as per law also identify and initiate disclipnary proceedings against the official who passed the impugned order in derogation of law and procedure and dragged an aging taxpayer of 82 years of age, into unnecessary litigation.
However, amazingly, FBR instead of implementing the findings of FTO,filed a reprentation against the findings of FTO before the president. This attitude of Governement functionaries speakes volumes of the unjust and oppressive sides of the government departments.
President Arif Alvi has not only dismiised FBR’S presentation but has also ordered the punitive action against entire chain of FBR’S decision makers in subject case.