FTO orders recovery from IR officers in unlawful bank account attachment

FTO orders recovery from IR officers in unlawful bank account attachment

ISLAMABAD: Federal Tax Ombudsman (FTO) has ordered recovery from officers of Inland Revenue Officers in a case of unlawful recovery through bank attachment of a taxpayer.

The FTO ordered dated May 21, 2019 in a complaint filed by a taxpayer against unlawful recovery of tax demand from the bank account of the complainant outstanding against a private limited company, and undue delay in refunding the same.

The complainant also sought for award of cost and compensation along with additional payment for delayed refund.

The complainant 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 Abbotabad, 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 FTO 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 FTO directed the FBR to:

i. recover Rs0.45 million from Muhammad Asghar Khan Niazi, Zonal CIR, RTO Abbottabad and Hafiz Muhammad Rafaqat, IAO, Unit RTO Abbottabad (costs and compensation) in equal shares and arrange to pay the same to the complainant;

ii. 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;

iii. direct the commission – IR concerned to issue additional payment for delayed refund to the complainant.

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