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Islamabad High Court (IHC) has issued contempt of court show cause notice to the Commissioner-IR Corporate Tax Office, Islamabad Faisal Mushtaq Dar for filing false statements before the IHC in a matter of implementation of orders passed by the Federal Tax Ombudsman.
Sources told ProPakistani that a strict order has been passed by IHC in contempt of court petition, against FBR Commissioner, CTO, Islamabad to appear in person on 29.08.2024.
IHC order states “Let a show-cause notice be issued to respondent (Muhammad Faisal Mushtaq Dar, CIR, Islamabad), to appear in person and explain to the Court as to why contempt proceedings should not be initiated against him for making a false representation in Writ Petition and for failure to submit to the Court that the recommendation made by FTO to revisit the order passed u/s 120(4) has not been complied with”.
When contacted tax lawyer Waheed Shahzad Butt told this correspondent that earlier in this case ATIR observed that it is fundamental that all statutes be applied with fairness and justice, and public functionaries are constitutionally mandated to act in a just and fair manner.
CTO is involved in deceiving the tax system and circumventing the course of justice in violation of the directions of the Chief Justice of IHC in tax refund matters. Unfortunately, in the instant case CIR, Add-CIR and ACIR blatantly disregard the binding judgments of the Apex Court without any fear of accountability. There is no room for “unfettered discretion” in the fiscal laws of this country, and arbitrary exercise of discretionary powers must be invalidated
The Tax Department made a false representation to the Court based on which the petition was disposed of. Petitioner states that a complaint was filed before the FTO, which was decided, in which it was recorded that the petitioner had filed its tax return for the tax year 2018 and subsequently directed the Tax Department to revisit its order passed under Section 120, IHC ordered.
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