ISLAMABAD Feb 18: Federal Tax Ombudsman Justice Rtd. Saleem Akhtar has taken notice of alleged maladministration by a customs officer, and directed the Central Board of Revenue (CBR) to decide the case within 30 days and report compliance to his secretariat.

The FTO gave this directive in a case filed by Saif Nadeem Electro Ltd of Lahore who alleged mal- administration on part of the Assistant Collector, customs Haripur which caused delay in passing fresh orders to give effect to the order on an appeal dated December 18, 1996 against a demand raised on February 15, 1994 at Rs.0.037 million and Rs.0.0939 million on February 2, 1993.

According to the facts, as narrated to the FTO office by two representatives of the said complainant, demand to the tune of Rs.36,935 and Rs.93,879 was made on February 15, 1994 and February 21, 1991, when the director general, audit revenue receipts, Lahore pointed out that the complainant did not pay penal surcharge at 2 per cent under section 98 of the Customs Act 1969.

On appeal, both the orders were set aside and remanded back on December 18, 1996 for decision, according to the instructions in the appellate order. The respondent adjudicating officer fixed the case for hearing from time to time but even after five years the matter was pending for one reason or the other. The FTO observed that whereas it was understandable that care was to be exercised to protect government revenue, the same should of convenience of the taxpayers adding, “It is regrettable that when the matter of facility to taxpayers comes, officers of the revenue blatantly disregard the law, rules, regulations and instructions.”

In the present case delay in adjudication is denial of justice to a citizen. This is a classic example of maladministration, he further remarked.

The FTO has, in this decision, directed the CBR to decide the matter within three weeks and report compliance within 30 days to his secretariat.