ATIR Overburdened with Tax Cases, Threatening Taxpayers’ Rights

The Appellate Tribunal Inland Revenue (ATIR) is facing a significant backlog of cases, raising concerns about its ability to provide fair and timely justice to taxpayers.

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Key Issues:

  • Overwhelming Caseload: ATIR benches across Pakistan are struggling to manage an average of 100 cases per day.
  • Insufficient Resources: The tribunal lacks adequate members and benches to handle the growing caseload.
  • Delays in Service of Notices: Taxpayers are receiving notices just a day before their hearings, hindering their ability to prepare effectively.
  • Slow Service of Orders: There have been significant delays in the issuance of orders, particularly in cases involving section 138 notices.

Impact on Taxpayers’ Rights:

The high volume of cases and insufficient resources have compromised taxpayers’ right to a fair trial. The delays in serving notices and issuing orders have hindered the ability of taxpayers to defend their cases effectively.

PTBA’s Recommendations:

  • Adjust Case Fixation: The PTBA has urged ATIR to adjust case fixation to match the capacity of benches and members.
  • Streamline Stay Applications: The tribunal should streamline the process for granting stay applications without hearings.
  • Reduce Reliance on Departmental Reports: The efficiency of case disposal can be improved by reducing reliance on departmental reports.

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Conclusion:

The ATIR is facing a critical challenge in managing its caseload, which has serious implications for taxpayers’ rights. Addressing these issues is essential to ensure the fair and timely resolution of tax disputes.

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