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FBR challenges suo motu notice of Tax mohtasib, decision of president

Islamabad: FBR has challenged in Islamabad High Court (IHC) the suo motu notice of tax mohtasib and decision of president of Pakistan in the matters of valuation of properties.

IHC has issued suo motu notice to principal secretary of president and Federal Tax Mohtasib in 43 suo motu notices cases.

Justice Khadim Hussain Soomro while issuing notice to the respondents on the plea of FBR has sought reply.

FBR filed writ petition through its counsel Hafiaz Ahsan Khokhar under article 199.

FBR has requested for nullifying presidential order. President of Pakistan, federal tax mohtasib and others have been made respondents.

According to counsel for the petitioner federal tax mohtasib while trespassing his powers issued his recommendations in 23 different cases.

As per counsel for FBR FTO interfered in the matters of valuation and policy making of real state illegally.

According to counsel for FBR tax assessment and policy matters are out of jurisdiction powers of Mohtasib under section 9(2) of FTO ordinance 2000.

As per counsel for FBR President of Pakistan admitted in his order this was not jurisdiction powers of FTO.

According to counsel for FBR on the other side the president maintained legal restriction imposed on jurisdiction powers of FBR is not final.

As per counsel for the petitioner the recommendations of FTO don't fall under the ambit of misuse of powers.

It was requested in the petition court should declare illegal all notices issued in regard to FTO recommendations and their implementation. .

The petition said court should suspend implementation of presidential order and FTO recommendations till the final decision.

According to the petitioner FTO has not any legal justification to issue directives regarding direct policy making.

The petitioner said FBR and Revenue division can not be deprived of under any administrative order.

The court while issuing notice to principal secretary to President and Federal Tax Mohtasib adjourned the hearing.