November 30, 2003	Sunday	Shawwal 5, 1424

ISLAMABAD, Nov 29: The Federal Tax Ombudsman (FTO), Justice (Retd) Saleem Akhtar, has recommended to Central Board of Revenue (CBR) for initiation of an inquiry against tax officials for harassing a taxpayer in violation of law.

The ombudsman asked the board to appoint director general (Inquiries) to hold an independent impartial inquiry into allegation of abuse of powers and harassment levelled against the officers who visited complainant’s premises.

The justice further said during the inquiry, the witnesses should be examined together with the complainant and employees, who have filed affidavits.

The decision was taken on the complaint of M/s Bayer Chemicals, Lahore, which alleged mal-administration against assistant collector (Audit-III), Sales Tax and other officials of the collectorate of Sales Tax, Lahore for illegal entry into and search of the complainant’s premises, forcible resumption of various records and subsequent illegal proceedings against the company.

The FTO asked the board to take appropriate disciplinary action against officers/officials, in case the inquiry finds them responsible for abuse of authority and high-handedness on the complainant’s premises as alleged in the complaint.

He also asked the CBR not to proceed with adjudication of the case on the basis of the completed audit and conduct, instead, a re-audit of the complainant’s accounts for the same period after associating it with the audit, adhering to the procedure prescribed for the purpose and then draw adjudication proceedings and take decision on merit in accordance with the provisions of law.

The ombudsman said that the complainant should, for its part, cooperate with the audit team for re-audit.

The compliance be reported within 30 days of this order, said the FTO.