Overseas Pakistanis are referred to as saviours of national economy. FTO, while dealing a complaint of overseas Pakistani Dr. Muhammad Naveed Khan, who is working as a medical doctor in Saudi Arabia since 2010, decided that mistreating and harassing a taxpayer who is overseas Pakistani tantamount to maladministration under section 2(3) of FTO Ordinance, 2000.
Briefly, the Additional Commissioner-IR, Zone II, RTO Sargodha issued order dated 09.06.2022 with a demand of 7.5 million rupees as income tax for TY-2016 on account that Dr. Naveed is a resident Pakistani despite of the fact that he was residing in Saudi Arabia and was a non-resident. He provided the FBR department proof of him being employed in Saudi Arabia since 2010 and that he never stayed in Pakistan for a period beyond the limit that could make him a “resident” under the statute. He also provided the FBR department proofs of banking channel remittances received in TY-2016 and onwards.
The department kept sending notices of demand, repeatedly, to the family of Dr. Naveed and, on receipt of the demand notice of 7.5 million rupees, the mother of Dr. Naveed suffered cardiac arrest, eventually leading to her death. Deliberately ignoring the rules, regulations and procedure and wilful negligence on part of the concerned commissioner of FBR department tantamount to maladministration under section 2(3)(i) and 2(3)(ii) of FTO Ordinance. The FBR department also kept denying the overseas Pakistani status of Dr. Naveed and refused to accept any of his document online, without paying a heed towards the proofs provided by him. He was also asked to appear before the concerned officer in person despite the fact that he was residing in Saudi Arabia.
Hon`ble FTO Dr. Asif Mahmood Jah directed the Chief Commissioner-IR and Commissioner-IR, Sargodha to conduct a departmental review of the facts of the complaint and rectify any wrong done to the complainant, for the purpose of correction in notices plus the redressal of maladministration, which was not followed by the FBR department.
The complainant filed a `Review Petition` before the Hon`ble FTO. Keeping in view the grievous, yet, unwarranted circumstance created by FBR department, Hon`ble FTO made the concerned officers of FBR department, namely Shakeel Ahmad Shakeel (CIR-Sargodha), Azmat Hayat Ranjha (CIR-Sargodha) apologize to Dr. Naveed for harsh treatment and maladministration. On this occasion Amjad Farooq (CCIR-Sargodha), despite not being a part of the hierarchy at the time when the maladministration was being committed, also apologized to Dr. Naveed on behalf of the FBR department for all the agony and stress he went through during the scorching hot days. Almas Ali Jovindah, Legal Advisor at FTO said that such decisions of Hon`ble FTO Dr. Asif Mahmood Jah send a positive message to the overseas Pakistanis and serves as a hope for redressal of their grievances.
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