The Lahore High Court (LHC) has prohibited the Federal Investigation Agency (FIA) from taking any coercive actions against Federal Board of Revenue (FBR) officers summoned in connection with tax refund cases.
Judge Tariq Saleem Sheikh issued the order, which bars the FIA from enforcing any coercive measures against these officers.
The petitioners’ advocate argued that any inquiry or investigation related to offenses must be conducted under the specified Act, as outlined in its schedule. Since neither the Income Tax Act nor the Sales Tax Act of 1990 are included in this schedule, the FIA lacks jurisdiction to investigate refunds issued to large companies.
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The advocate further contended that Section 216(1) of the 2001 Ordinance restricts the disclosure of departmental records to any public servant, except as allowed by the ordinance.
It is worth noting that the FIA had previously summoned FBR officers, including the Member of IR Operations, in relation to the refunds provided to large companies. Reportedly, the Member IR Operations and other summoned officers have not participated in the FIA’s inquiry.
Additionally, it is important to mention that the FBR had suspended some officers after allegations of bribery emerged in connection with these refund cases.
