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February 8, 2003 Saturday Zul Hijjah 6,1423

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CBR asked to amend tax laws after consulting stakeholders



By Our Reporter


ISLAMABAD, Feb 7: The federal tax ombudsman (FTO), Justice Saleem Akhtar (retired), on Friday asked the Central Board of Revenue (CBR) to make amendments to tax laws after seeking views of the stakeholders.

The decision was taken on the complaint of Mohammad Azam of Gujra, who filed tax returns for the assessment year 2001-02, which were selected for total audit in violation of income tax law.

According to FTO’s decision, the CBR was not competent to modify the self assessment scheme (SAS) through a letter addressed to regional commissioners of income tax (RCIT).

The judge said judicial interpretation was beyond the powers of the CBR. He said the instructions issued through the letter to RCIT on May 14, 2002, should be withdrawn with immediate effect.

He observed that the CBR’s interpretation through the letter, that the immunity from audit was available where income was from salary only, was contrary to the clear wording of para 9(a) of the SAS 2001-02, and also against the general scheme of the income tax ordinance, 1979.






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