Day: January 12, 2020

  • Advance tax on purchase of immovable property to be paid on fair market value

    Advance tax on purchase of immovable property to be paid on fair market value

    KARACHI: Federal Board of Revenue (FBR) will collect advance income tax on sale of immovable properties on the basis of fair market value.

    Sources in FBR said that the purchaser of immovable property shall make payment of advance tax income tax on the amount determined at fair market value not on the DC value or valuation tables notified by the FBR.

    Under Section 236K of Income Tax Ordinance, 2001, advance tax on purchase or transfer of immovable property.

    (1) Any person responsible for registering, recording or attesting transfer of any immovable property shall at the time of registering, recording or attesting the transfer shall collect from the purchaser or transferee advance tax at the rate specified in Division XVIII of Part IV of the First Schedule.

    Explanation,—For removal of doubt, it is clarified that the person responsible for registering, recording or attesting transfer includes person responsible for registering, recording or attesting transfer for local authority, housing authority, housing society, co-operative society and registrar of properties.

    (2)The advance tax collected under sub-section (1) shall be adjustable.

    (3) Any person responsible for collecting payments in installments for purchase or allotment of any immovable property where the transfer is to be effected after making payment of all installments, shall at the time of collecting installments collect from the allotee or transferee advance tax at the rate specified in Division XVIII of Part IV of the First Schedule.

    (4) Nothing contained in this section shall apply to a scheme introduced by the Federal Government, or Provincial Government or an Authority established under a Federal or Provincial law for expatriate Pakistanis:

    “Provided that the mode of payment by the expatriate Pakistanis in the said scheme or schemes shall be in the foreign exchange remitted from outside Pakistan through normal banking channels.”

    The rate of tax to be collected under section 236K shall be 1 percent of the fair market value from a person appeared on Active Taxpayers List (ATL). The rate shall be at two percent of the fair market value from persons not appearing on the ATL.

  • Pakistan Customs’ security, integrity at mercy of lappus

    Pakistan Customs’ security, integrity at mercy of lappus

    KARACHI: The sensitive data of Pakistan Customs and integrity of the department are totally at mercy of privately hired persons ‘lappus’ by Customs officers.

    These lappus are not only accessing sensitive data of Pakistan Customs but also doing all illegal work for their bosses, which is commonly known as ‘settlement’.

    The gravity of situation can be gauged with the recent example where a lappu auctioned of huge amount consignments where importer had paid duty and taxes.

    The customs authorities apprehended one person in the case, who was identified as lappu and was working and representing customs officers for the last five to six years.

    According to details a First Information Report (FIR) dated November 15, 2019 was lodged at Research and Development Department, Model Customs Collectorate of Appraisement (East) Customs House, Karachi.

    The FIR was lodged by Shakeel John, Appraising Officer following a crime of removing goods from Shaheen Container Yard after an illegal auction of goods.

    The FIR nominated persons included: Muhammad Zaki; Adeel Ahmed; Meer Rizwan Ali; and concerned staff and management of M/s Pak Shaheen Container Yard.

    In the case three lots of consignments were auctioned valuing over Rs12 million on which importer had paid duty and taxes.

    The importer namely Abid Japanwala made strong protest on illegal auction by customs authorities and demand recovery of his consignments.

    The text of relevant paragraphs of reply submitted by Pak Shaheen to the FIR stated:

    “… an LCL cargo bearing IGM No. 402/18 consisting of 10 pallets STC Copper Foil weighing 6053kgs was imported on 21.08.2018 by M/s. Paramount Radiators and forwarded to Pak Shaheen Container Terminal for clearance by the freight forwarders i.e. Facilities Shipping Agency.

    “Since the cargo was not cleared within the prescribed time period as per Section 82 of the Customs Act, 1969, an auction lot number PS-216-10-18 was assigned to it and the customs was informed accordingly on October 15, 2018.

    “On November 11, 2019, the importer namely Abid Japanwala approached the Terminal and informed that his cargo has been cleared by the customs and requested for rebate in storage charges as his cargo remained at the terminal for more than a year incurring heavy amount of storage charges.

    “On receipt of such request from Japanwala the record of the terminal was checked and it was found that, as per record, the said cargo was auctioned by the Customs and on November 08, 2019 the delivery was made to the bidder Babar Saleem through his agent Mir Rizwan Ali.

    “When Abid Japanwala was informed about the auction of his cargo, he showed his out of charge GD to the Head of Commercial Naveed Nabi Khan and appeared to be shocked and stated that how can his cargo be auctioned when he deposited the Customs duty.

    “After seeing the out of Charge GD, Abid Japanwala was informed that as per customs rules no duty paid consignment can be auctioned and that he should take up his case with Collector (East) directly.

    “He was also given a complete set of auction/delivery documents to take up his case with the Collector (East).

    “We were later informed that the importer approached the Collector (East) along with the auction documents provided by the terminal as it was feared that some unscrupulous element managed to play fraud depriving the importer of his consignment and depriving the client of demurrage charges.”

    The reply further pointed out:

    “… On November 15, 2019, the Customs apprehended one Zaki who was working with the Customs staff at the terminal since last five to six years as customs assistant commonly known as ‘lappu’ and during all these years h ad attained the status of focal person of Customs and for all practical purposes he was representing the customs official.

    “On November 16, 2019, Akmal Durrani, Assistant Collector posted at Pak Shaheen Terminal, called the concerned staff of Customer Services and interrogated them and also took the video recording of November 08, 2019 in which Zaki can been seen taking subject document from his car.”

    The detailed reply by Pak Shaheen Terminal helped the terminal operator to clear its position in this fraud. This resulted that interim challan presented by the customs authorities at the Special Judge Customs and Taxation, Karachi dated December 02, 2019 the name of Pak Shaheen was excluded from the case.

    The revelation of Pak Shaheen in its reply is eye opener for Federal Board of Revenue (FBR) and other relevant authorities that how privately hired persons or lappus were authorized access to customs records.

    This is also surprising that how these unauthorized lappus getting entry to terminal yard.

    The presence of lappus in Pakistan Customs is not new. The lappus are working for long time in the department and conducting official works on behalf of senior customs officials.

    It is commonly known that the customs officers hire these people for their ‘speed money’.

    The lappus as agent create win win situation for both customs officers and importers at the cost of national revenue. As facilitators lappus get huge commission beside their fixed income set by the customs officers.

    These lappus have direct interaction with importers on those consignments where misdeclaration made. The customs officers are no where or have no direct links in such illegal activities.

    The dangerous aspect of presence of lappus is access to sensitive data of Pakistan Customs, which has also strategic importance.

    Recently, Prime Minister Imran Khan pointed out massive corruption in Pakistan Customs. Although the prime minister quoted exaggerated amount but the instant case may be an example that how much the customs collectors are earning through illegal means.

    The Federal Board of Revenue (FBR) has issued many warnings to field formations to avoid the presence of unauthorized persons working within their jurisdictions. But all in vain as presence of lappus are still in the key places of Pakistan Customs.

    FBR chairman Shabbar Zaidi, in May 2019 soon after becoming chairman, while taking notice of presence of large number of visitors for making the entire clearance system doubtful, had ordered Customs Wing to strictly restrict, entry into Customs Houses, only to the concerned traders, their authorized representatives and members and relevant trade bodies/ associations.

  • Tax return to be valid on submission of information

    Tax return to be valid on submission of information

    KARACHI: Submission of relevant particulars or information shall make a return of income a valid document.

    Officials at Federal Board of Revenue (FBR) said that taxpayers should ensure making all relevant entries before filing income tax return in order to avoid hassle at the time of scrutiny,

    They said that although the tax authorities treated the income tax return as assessment order when it is filed to the FBR’s portal. However, when it is selected under defined parameters or identification of any concealment the missing entries can make problems for taxpayers, they added.

    The officials also said that a taxpayer should also ensure the payment of tax as calculated on the basis of tax chart for the relevant year for which the return is filed.

    They said that a return of income –

    (a) shall be in the prescribed form and shall be accompanied by such annexures, statements or documents as may be prescribed;

    (b) shall fully state all the relevant particulars or information as specified in the form of return, including a declaration of the records kept by the taxpayer;

    (c) shall be signed by the person, being an individual, or the person’s representative where section 172 applies;

    (d) shall be accompanied with evidence of payment of due tax as per return of income;

    (e) shall be accompanied with a wealth statement as required under section 116; and

    (f) shall be accompanied with a foreign income and assets statement as required under section 116A.