ISLAMABAD (Express News) It has been revealed that the government is trying to give the powers of the Supreme Court to the FBR through the budget.
According to Sources, the government’s Finance Bill 2021 has revealed the Federal Board of Revenue’s (FBR) attempt to empower the Supreme Court of Pakistan. The FBR has sought funding to protect the illegal actions of its officers. The bill proposes to amend the Income Tax Ordinance.
In this regard, we spoke to Member Inland Revenue Policy FBR Tariq Chaudhry, who said that the amendment in Section 111 of the Income Tax Ordinance has been included in the Finance Bill with the ratification of the Law Division, Parliament has the power. It can overturn court decisions, parliament has the power to interpret the law, there are countless examples of this.
Tariq further said that many times it happens that if a court has given a decision then the parliament can change it, if the parliament makes the law then the parliament can interpret the law.
Talking to legal experts in this regard, they said that the proposed amendment to Section 111 of the Income Tax Ordinance through the Finance Bill of the Federal Board of Revenue could be challenged in the Supreme Court or any other court, rejecting the decisions of the High Court. Only the Supreme Court of Pakistan has the power to declare ineffective. The Federal Board of Revenue has sought to take over this power through a proposed amendment to the Income Tax Act.
The FBR has proposed a new clarification to allay suspicions by proposing an amendment to sub-section five of section 111. The FBR proposed amendments to section 111 of the Income Tax Ordinance 2001 on concealment of income through Finance Bill 2021. Is. The proposed amendment to the FBR states that there is no need to issue a separate notice under section 111 after a notice has been issued under sub-section 9 of section 122 of the Income Tax Ordinance 2001.
According to sources, the FBR has issued thousands of notices under section 122 (9) to taxpayers across the country without issuing separate notices under section 111 on hidden assets and sources of income and expenditure of billions of rupees. Action is being taken, these actions of the FBR field formations have been challenged by the taxpayers in the courts, the High Courts have given dozens of decisions in these cases against the Federal Board of Revenue, the decisions in favor of the FBR. The section 111 (9) as well as section 111 proceedings against the taxpayers have been declared illegal, and the Supreme Court of Pakistan has the power to invalidate or quash the decisions of the High Courts.