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Legal Wing -FBR
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Legal
Wing is a very important
wing of the FBR. It helps in
implementation of the tax
laws fairly and squarely
which contributes to
achieving growth in revenue.
Collectors (Appeals),
Commissioners (Appeals),
Departmental
Representatives,
Commissioners (Legal)
directly report to the Legal
Wing. |
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There
is a paradigm shift in
the working at FBR as it
is now considered as the
most investment and
business friendly
organization. By
reposing confidence in
the taxpayer community
and simultaneously
implementing the tax law
fairly and squarely, the
FBR is in the process of
achieving growth in
revenues.
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The
FBR’s Tax Administration
Reform Program has
enabled FBR to introduce
Reforms that have
enabled growth in
revenues, increase in
the number of taxpayers,
and improvement in
voluntary compliance.
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The
Federal Board of Revenue
Act, 2007 has been
incorporated in the
Finance Bill, 2007 which
will have tremendous
impact on growth in
revenues, and bring
positive improvement in
the working of Federal Board of Revenue and its
sub-ordinate offices.
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The
FBR’s Tax Administration
Reform Program has also
enabled FBR to introduce
reforms of reduction in
litigation coupled with
creating better
environment for
taxpayers to discharge
their obligation to the
state.
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The
institution of Federal
Tax Ombudsman created in
the year 2000 to tackle
the issues of
mal-administration on
the part of the
officials of the tax
department. This
institution has disposed
of over 6000 complaints
in five years, and has
enabled improve working
of the tax
administration.
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Pakistan is pioneer and
fore-runner in
introducing the
Alternate Dispute
Resolution (ADR)
mechanism. This strategy
is a part of the Reforms
Programme which is on
the right track.
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The
ADR coupled with
reduction in litigations
and special bench of
Supreme Court deciding
appeals, has an impact
on the litigation at
High Court and Tribunal
level and provides easy
access to justice.
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Computer Networking and
Connectivity with all
the adjudications and
appeals offices, both
Direct and Indirect
Taxes, Appellate
Tribunal
Benches/Headquarters,
Registrar’s Offices at
High Courts and the
Supreme Court, FTO
Office, ADR Centres/Offices
etc and with the Board
is planed for early
disposal of cases and
for other relevant
matters.
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Coordination with other
FBR 's Wings
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Representation of the
appeal matters at the
Tribunal, High Court and
Supreme Court level.
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Vetting
of contracts, rendering
of opinion and advice to
the line Members and
resolution of legal
disputes.
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Federal
Services Tribunal and
Supreme Court matters
(service matters
assistance).
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FTO
matters.
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Alternative
Dispute Resolution
matters.
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Support
to the reforms process
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Other Activities of
Legal Wing
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Keeping liaison:
- Liaison with Court
official, Establishment and
Law Division and over one
hundred advocates on FBR
panel.
Monitoring and Overseeing:
- Monitoring of
administration work.
- Overseeing work of 05
Collectors (Appeals) and 06
Commissioners (Appeals).
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Improvements in
Different Areas
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Reduction in Litigation.
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Improvement in
Working
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The
institution of Federal
Tax Ombudsman was
created in the year 2000
to tackle the issues of
mal-administration on
the part of the
officials of the tax
department. This
institution has disposed
of over 6000 complaints
in five years, and has
improved working of the
tax administration.
Presenting of complaints
to the FTO
Office.(section 10)
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Admission rejection of
complaints at
preliminary stage
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Dispatch of complaints
to the concerned field
formations
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Disposal of the
complaint at the field
level, if the demand is
genuine.
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Para-wise comments by
the
Commissioner/Collector
to the allegations
leveled in the
complaint.
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Forwarding of these
comments to the FTO
Office, if accepted the
complaint disposed of
accordingly.
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Issuance of notice for
hearing of both the
parties, in case the
comments do not satisfy
the FTO.
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Receipt of
recommendations/findings
from the FTO Office.
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Dispatch to the relevant
field formations for
implementation, if they
accepted.
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To
file review to the FTO
against its own order in
case of errors or non
consideration of certain
facts put forward by the
department. Defiance
proceedings can be
initiated if an employee
is prima facie
responsible for a
default.
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Representation to the
President against the
Order of the FTO.
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It
attains finality and can
be filed within thirty
days of the receipt of
this order by the
Secretary, Revenue
Division.
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Application under
section 38 of the
Establishment of the
Office of Federal Tax
Ombudsman Ordinance,
2000 can be filed to the
Law & Justice Division
for
rectification/removal
difficulties in the
order of the President.
However no
review/revision can be
filed against the
President order. It
attains finality and
shall be implemented by
the field formations.
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Commissioners and
Collectors of Appeals
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Reduction in litigation
is a part of the FBR’s
Reforms Program to
create certainty for the
taxpayers. Intake of
appeals has also been
reduced, due to change
in the processes.
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We
had total 78000 appeals
during 2003-2004 (both
for Direct and Indirect
Taxes) at the first
appeal stage. Now the
pendency is 3317
appeals. The remaining
stand decided.
Therefore, currently we
have no backlog.
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Pendency at Appellate
Tribunals
- As on 31st December
2005, total number of
appeals pending with
Appellate Tribunals was
23359 plus fresh intake.
This number has been
bought down to 11500 by
December 2006. The
number will be further
reduced to 2000 by June
2007.
- Issue-wise
identification and
fixation of appeals,
bunched together, has
being taken up.
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Alternative Dispute
Resolution Mechanism
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Pakistan is pioneer and
fore-runner in
introducing the
Alternative Dispute
Resolution (ADR)
mechanism. This strategy
is a part of the Reforms
Programme which is on
the right track.
-
The
ADR coupled with
reduction in litigations
and special bench of
Supreme Court deciding
appeals, will have
impact on the litigation
at High court and
Tribunal level and will
provide easy access to
justice.
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Computer Networking and
Connectivity
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Computer
Networking and Connectivity
with all the appeals
offices, (both Direct and
Indirect Taxes), Appellate
Tribunal
Benches/Headquarters, FTO
Office, ADR Centres/Offices
etc and with the Board is
planned for early disposal
of the cases and other
relevant matters |
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