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30 January 2025
Author: Asif S Kasbati (FCA, FCMA & LLB)
A. Background (BG)
This refers to the related Important TLQCs in trail, blue, italic and double line (a) 3017 of 27.1.25 about Rs. 4.7 Trillion cases pending & Quick Action Plan & KCV (b) 2238 of 27.2.23 about Counsel's absence at IHC = Exparte & Pending Cases Recommendation
B. UPDATED COMMENTARY - EXECUTIVE SUMMARY & KCV
Be ready for several hearing Notices from Courts for tax pending cases as SC and LHC Special Benches started functioning as per FBR due to matters in Details area C; and Appellate Forum too.
2. In our views, there will be more Notices from other Courts and Tribunals too. Be ready for several years' Hearing Notices from all Courts & Appellate Forum; followed by Assessment / Notices from the Department for several years. This may either lead to paying huge amounts or get refunds, especially where taxpayers got stays or department tried to hold refunds respectively.
3. Hence, we recommend as follows:
(a) make a List of Pending cases, being handled by different Lawyers, on different matters in your Entity,
(b) Contact with them to get regular update,
(c) be ready for Hearing Notices,
(d) Positive or Negative news anytime on a short notice,
(e) be ready with the next plan.
(f) Prepare List of weak causes, where refund would arise and contact the Tax Department / your Legal Counsel / Tax Advisor.
4. We shall be pleased to assist in this regard, as Alhamdolillah, having updated knowledge and experience in almost all direct & Indirect taxes matters, effects & plans.
C. DETAILS
1. Further to KQU 3198 dated 17.1.25, being an important matter, we would inform you about Make no case on weak grounds, PM tells FBR (Attachment 3020.1) in the ensuing paragraph, with emphasis in bold & Underline for quick reading.
1. Prime Minister Shehbaz Sharif on Thursday made it clear to the FBR that any official found involved in making cases on weak or false grounds will be given exemplary punishment.
2. He also directed the relevant authorities to expedite the FBR’s legal steps being taken to ensure the early conclusion of the under-trial cases of tax revenues.
3. The prime minister, while chairing a review meeting on expediting FBR’s legal cases, directed the authorities to hire the services of top-notch lawyers to represent FBR in the cases of tax revenues.
3.
4. He said the reforms introduced within FBR were being implemented without any delay or hindrance, adding the positive results of reforms in FBR continued.
5. He also directed the forensic audit of cases related to tax matters.
6. The prime minister said the officers who had constituted cases on merit with honesty and hard work would be rewarded with special incentives.
7. The meeting was told that, after the prime minister’s instructions, reputable lawyers were brought onto the panel, and as a result, from July to December 2024, 586 cases were resolved in the High Court, and 637 pending cases were resolved in the Supreme Court.
8. The meeting was also informed that currently, 33,522 cases involving Rs4.7 trillion were pending in various courts and tribunals across the country.
9. It was told in the meeting that, as per the prime minister’s directions, a litigation management dashboard for higher courts had been developed in the FBR, whereas, the preparation of a tax tribunals management system at the Ministry of Law and Justice was in its final stages, which will be launched soon.
10. The meeting was attended by Minister for Economic Affairs Ahad Khan Cheema, Attorney General Mansoor Awan, the FBR chairman, and other senior officials.
Further Details & Services
Should you require any clarification or explanations in respect of the above or otherwise, or require Income Tax, Federal & Provincial Sales Tax or Withholding Tax Advisory, Statement or Return Filing or Review services, or related accounting matters like the above, please feel free to email Mr Amsal at amsal@kasbati.co with CC to info.kasbati@professional-
Best regards for Here & Hereafter
Asif S Kasbati (FCA, FCMA & LLB)
Managing Partner
Kasbati & Co (1400+ Tax, Levies, Companies, Economy, Inflation, HR, Banking, Finance, etc
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