Govt should proactively pursue revenue related cases in courts: expert

ISLAMABAD: The details of 15 largest mega tax cases show that multi-billion rupees revenue-related litigation of the Federal Board of Revenue (FBR) has been pending before the Supreme Court of Pakistan for last few years and the Board seems clueless how to resolve this matter once and for all.

According to details available with The News, 15 major cases were pending before the apex court with involved revenue to the tune of Rs15.647 billion. Out of total stuck up revenue of Rs1,276.900 billion in total 31,098 pending cases at different stages, including before the superior judiciary, there are 1,674 cases pending before the Supreme Court with stuck up revenue of Rs50.811 billion.

When contacted, Dr Ikramul Haq, Advocate Supreme Court of Pakistan, said for liquidation of all stuck up cases involving substantial tax revenue, the FBR can make a request for a dedicated bench to hear tax cases. He said the government must proactively pursue and follow the courts for early disposal of the cases. The attorney general (AG), he said, will have to request the court for early hearings and disposal of cases where huge tax amounts are involved. He said that there was no other way to get things done.

The FBR officials said the Board was facing challenges on litigation front including high volume of pendency, sub-optimal quality of departmental orders, weak representation in courts and lack of coordination among field formations and lawyers.

The FBR is suggesting some steps for increasing fee structure for panel advocates, establishment of litigation coordination cells, appointment of coordinators, delisting of advocates based on performance and preparation of case folders for potential revenue cases.

The FBR is also considering placing of tracking and monitoring software, strengthening officers of DG Law and Director Law, development of an in-house legal team, delineation of minimum criteria for appointment of panel advocates, establishment of a litigation research cell within the FBR and introduction of monitoring pro forma for panel advocates in weeks and months ahead. The placement of dispute resolution mechanism is among the available options.