2026 PLP 538 (PTD)

The case of the taxpayer has been examined and it is found that no refund application has been filed by the taxpayer and no credit of recovered demand has been given vide appeal effect order dated 24- Nov-2025 issued under sections 124/129 of the Income Tax Ordinance, 2001 by the concerned unit officer.

3. Brief fact of the case are as under:- i. An order under section 122 of the ITO, 2001 was issued dated 27-Aug-2018 creating demand of Rs.19,191,237/- and recovery of Rs.5,324,497/- verified from IRIS payment details. ii. Subsequently, the taxpayer filed appeal before Commissioner Appeals. The Hon'ble CIR(A) annulled the case vide Order No.22 dated 12.02.2019. iii. The appeal effect was given in accordance with the directions of CIR(A) vide letter dated: 24-Nov-2025. iv. However, the demand so recovered from the taxpayer was not incorporated in the appeal effect, therefore, no refund of amount recovered is generated in the refund ledger of the taxpayer. The ledger balance of the taxpayer shows refund of Rs. 414/- as per original deemed assessment filed by the taxpayer dated: 19- Nov-2014. Therefore, in the light of above the case may be referred to the concerned unit for further necessary action." FINDINGS:

6. The Departmental Representative failed to appear in multiple hearings scheduled on 28.11.2025, 05.12.2025, and 12.12.2025 to present his stance or furnish supporting documents relating to the issues raised in the complaint. As the matter could not be kept pending indefinitely, the case was reserved for orders on 12.12.2025. The available record was therefore examined and the matter decided accordingly.

7. After conducting the investigation and examining the record available, it has been established that the Commissioner Inland Revenue (Appeals-V), Karachi, passed Order-in-Appeal vide No. 22 dated 12.02.2019. However, the Respondent Department discharged its official obligation by issuing the appeal effect order on 24.11.2025, after a lapse of more than six years, without allowing credit for the amount forcibly recovered through bank attachment.

8. The anxiety and hardship suffered by the taxpayer are natural, as despite the lapse of a considerable period, their request for issuance of the appeal effect order was not diligently attended to by the Department. Such prolonged inaction on the part of the Department and the concerned officers in the discharge of their official duties constitutes "maladministration". RECOMMENDATIONS:

9. FBR to direct: (i) Chief Commissioner RIO II Karachi to; a. fix the responsibility, after looking into the unjustified delay in allowing appeal effect, after 6 years, violating the relevant provisions of law and only after the intervention of this forum; b. take cognizance of non-compliance of notices issued by this forum on 28.11.2025, 05.12.2025, and 12.12.2025; asking the department to present its stance. (ii) the Commissioner-IR, Zone-III, RTO-II, Karachi to rectify appeal effect order, allowing the credit of tax forcibly recovered through bank attachment. (iii) the Commissioner-IR, Refund Zone, RTO-II, Karachi to immediately dispose of refund claim for the Tax Year 2014, in accordance with the law and after giving proper hearing; and (iv) report compliance within 45 days. MQ/1/FTO Complaint allowed.