November 30, 2003	Sunday	Shawwal 5, 1424

ISLAMABAD, Nov 29: The President through an order has set aside the decision of the Federal Tax Ombudsman (FTO) in around 109 complaints filed against the CBR, recommending acceptance of returns under the self-assessment scheme (SAS).

The grievances in which the recommendations of the FTO were set aside related to complaints No 454, 450, 452, 495, 502, 537 to 581, 603-610, 651 to 662 and 690-91.

The President in his order, a copy of which was made available to Dawn, said that there was no findings that the complainants’ returns were picked up by human hand and they were selected by ballot conducting through computer.

He said that there was no allegation that the selection of the complainants’ returns was tainted with mala fide or was for corrupt or improper motives.

The income tax ordinance did not give parameters of the random ballot. They were decided by departmental practice and procedures were applied generally.

There were no allegation that the parameters were in any manner perverse or arbitrary, the order said, adding perversion, arbitrariness, unjustness, discrimination were the proper elements of mal-administration. Beyond that was the area where non-discriminatory departmental policies could legitimately operate, the President said.

It may be added that the income tax department for the assessment year 2001-02 conducted balloting through computer to select cases for total audit.

It was held irregular by the FTO and he directed that the return should be processed under the self-assessment scheme. The respective income tax authorities then filed the representation against the FTO’s decision before the President.