Swati's assets case: FBR cites legal reasons for non-cooperation with JIT
Says Section 216 binds it to keep data of taxpayers confidential
PHOTO: PPI
ISLAMABAD:
The Federal Board of Revenue (FBR) has refused to cooperate with the Joint Investigation Team (JIT) formed by the Supreme Court to determine the assets of Federal Minister for Science and Technology Azam Swati.
According to sources, JIT head Mirwaize asked the FBR for details regarding Swati’s income tax and wealth statements, but the FBR refused to do so citing prohibitions under Section 216 of Income Tax Ordinance 2001. The bureau is bound to keep the information of taxpayers confidential under the section.
The FBR also pointed out that officers, who violate the section, could be sentenced to fine and imprisonment.
The FBR has prepared a reference for legal advice and sent it to the law division.
The law division sources said the reference sent by the FBR was being examined and a reply would be sent to it today (Tuesday).
Sources said the legal position of the JIT formed by the SC to investigate Swati’s assets was different from the JIT set up in the Nawaz Sharif case as the team put together in the latter’s case had legal authority in all laws, including that of NAB, anti-money laundering and FIA, but the one made in Swati’s case had not been given such authority.
They also said that the JIT head had reacted strongly to the FBR's refusal to provide information and had written a letter to the SC and the FBR chairman.
According to the sources, Mirwaize wrote a letter on November 10 complaining about the FBR’s refusal to provide information. In the letter he wrote that the refusal amounted to obstruction in the JIT’s investigation.
The FBR in return had a detailed exchange of ideas with the attorney general of Pakistan, who was in unanimity with the bureau’s stance.
Sources informed that the FBR had sent a reference to the law division seeking the law ministry’s advice in the matter.
Sources said the JIT had been provided with an option of tasking FIA with obtaining the information since it was not bound in any way from taking information from the suspect, who happened to be in Pakistan.
The authority should take the required information from Swati and send it to the FBR for verification, which would then comply, they added.
The other option, according to sources, was that the Supreme Court could issue instructions which would be duly followed.
The Federal Board of Revenue (FBR) has refused to cooperate with the Joint Investigation Team (JIT) formed by the Supreme Court to determine the assets of Federal Minister for Science and Technology Azam Swati.
According to sources, JIT head Mirwaize asked the FBR for details regarding Swati’s income tax and wealth statements, but the FBR refused to do so citing prohibitions under Section 216 of Income Tax Ordinance 2001. The bureau is bound to keep the information of taxpayers confidential under the section.
The FBR also pointed out that officers, who violate the section, could be sentenced to fine and imprisonment.
The FBR has prepared a reference for legal advice and sent it to the law division.
The law division sources said the reference sent by the FBR was being examined and a reply would be sent to it today (Tuesday).
Sources said the legal position of the JIT formed by the SC to investigate Swati’s assets was different from the JIT set up in the Nawaz Sharif case as the team put together in the latter’s case had legal authority in all laws, including that of NAB, anti-money laundering and FIA, but the one made in Swati’s case had not been given such authority.
They also said that the JIT head had reacted strongly to the FBR's refusal to provide information and had written a letter to the SC and the FBR chairman.
According to the sources, Mirwaize wrote a letter on November 10 complaining about the FBR’s refusal to provide information. In the letter he wrote that the refusal amounted to obstruction in the JIT’s investigation.
The FBR in return had a detailed exchange of ideas with the attorney general of Pakistan, who was in unanimity with the bureau’s stance.
Sources informed that the FBR had sent a reference to the law division seeking the law ministry’s advice in the matter.
Sources said the JIT had been provided with an option of tasking FIA with obtaining the information since it was not bound in any way from taking information from the suspect, who happened to be in Pakistan.
The authority should take the required information from Swati and send it to the FBR for verification, which would then comply, they added.
The other option, according to sources, was that the Supreme Court could issue instructions which would be duly followed.