November 30, 2003	Sunday	Shawwal 5, 1424

ISLAMABAD, Nov 29: President General Pervez Musharraf has accepted the representation of the tax authorities and said assessment matters fell outside the jurisdiction of the Federal Tax Ombudsman (FTO).

The president in his order, which made available to Dawn by the Central Board of Revenue, said section 9(2) of the establishment of the office FTO Ordinance 2000 provided that the FTO shall not have jurisdiction to investigate or inquire into the matter which relates to assessment of income or wealth, determination of liability of tax or duty, classification or valuation of goods, interpretation of law, rules and regulations to such assessment, determination, classification or valuation in respect of which legal remedies of appeal, review or revision are available under the relevant legislation.

The President said the FTO’s findings did not indicate that in respect of the matter raised complaint’s legal remedies were not available.

The matter raised in the complaint of Ms Rukhsana Amjad was case of assessment of income in respect of which legal remedies of appeal were available to the complainant under the relevant legislation.

Many complaints were filed with the FTO secretariat against determination of income through assessment by the income tax authorities. The complainants alleged harshness in the assessment. In most of the cases, the FTO accepted the contention of complainants and ordered the income tax authorities to reduce the assessment income.

The department filed various representation before the President. The President said that where legal remedies under any law were available, the FTO did not have the jurisdiction for interruption.