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Sunday April 21, 2024

High-powered implementation body formed to restructure FBR

Caretaker government constituted a high-powered Implementation and Asset Distribution Committee to undertake all required actions for the Restructuring of the Federal Board of Revenue

By Mehtab Haider
February 04, 2024


Headquarters of the Federal Board of Revenue in Islamabad. — APP/File
Headquarters of the Federal Board of Revenue in Islamabad. — APP/File

ISLAMABAD: The caretaker government has constituted a high-powered Implementation and Asset Distribution Committee to undertake all required actions for the Restructuring of the Federal Board of Revenue (FBR).

According to a notification issued by the Ministry of Finance, Revenues and Economic Affairs Division stating that the consequent upon the approval of the Federal Cabinet of FBR’s summary for restructuring and digitization, the Minister for Finance, Revenue and Economic Affairs is pleased to constitute the following Implementation and Asset Distribution Committee (I&ADC) for follow up actions required for the restructuring of the FBR, by the decision of the Federal Cabinet, namely: -Minister for Finance and Revenue as Chairperson, Secretary, Law and Justice as Member, Dr. Musharraf R. Cyan as Member, Dr. Manzoor Ahmad as Member, Syed Nadeem Rizvi, Member Administration as Member, Mukarram Jab Ansari, Member, (Legal& Accounting) as Member, Afaq Ahmad Qureshi (Member, IR-Policy as Member and Sajid Mehmood Qazi, Additional Secretary, as Member/Secretary Revenue Division.

The terms of reference (ToRS) of the I&ADC shall be as follows:

Implementation and Asset Distribution Committee: The I&ADC shall be responsible for the completion and coordination of the following tasks within prescribed timelines: -Providing technical content for the formulation of statutory drafts to enshrine the core principles of operational autonomy and accountability of the tax administrations, separation of tax policy from tax administration, mandates of the oversight boards and mandate of the Federal Policy Board; Monitoring the work of the sub-committees to resolve any disputes, expedite the drafting, review and approval of the legal instruments, and timely completion of their respective tasks relating to administrative & financial matters; Issuance of necessary rules, regulations, notifications, and Statutory Regulatory Orders. administrative orders and instructions; Appropriate distribution of human resources and assets between the successor Organizations and Offices; Equitable distribution of available financial resources between the successor organizations and offices; (I) Obtaining any required approvals from government to successfully implement the transition plan; Ensuring seamless transition of the Federal Board of Revenue into its successor organizations and offices with appropriate legal & regulatory framework; Performing any functions ancillary or in addition to the above as assigned by the government, the SIFC or any other competent authority to implement the decision of the Federal Cabinet.

The l&ADC shall have the following sub-committees for the tasks assigned to each: -

The Legal Sub-committee: It shall comprise Secretary, Law & Justice (Chairman/Convener of Sub-Committee), Mukarram Jah Ansari, (Member Legal), Afaq Ahmed Qureshi (Member IR-policy), Ch. Muhammad Javaid (Chief legal) and Masood Akhtar (Chief Income Tax Policy) as its members.

Its ToRs shall be as under: Draft the required legislative instruments, amendments in fiscal laws and all relevant statutes. After completing all requirements for vetting & approvals, submit them to the Federal Cabinet and subsequently provide assistance for their enactment; Draft necessary rules, regulations, notifications, SROs, general orders, and jurisdiction orders, completing all requirements for vetting & approvals from the designated authorities, ensure their issuance promptly; Review and re-draft any existing procedures to align the same with the new legislation and ensure their smooth implementation; and Perform any other function ancillary or in addition to the above.

ii. The Finance and Administration Sub-committee: It shall comprise Ali Tahir, Special Secretary Establishment Division (Chairman/Convener of Subcommittee), Ahmad Shuja Khan (Member Audit FBR), Mohammad Imran Khan (DG R&A), Fareedoon Akram Shaikh (Chief-Admn), and Nasir Khan (Chief FBR) as its members. Its ToRs shall be as under:

Identify & enlist the details of existing financial resources. assets and HR pertaining to, or owned by the Federal Board of Revenue (excluding those pertaining to IR & Customs thrmations individually); Distribute FBR’s financial resources between the successor organizations having regard to their financial requirements and their human resources, ongoing projects and developmental needs Distribute FBR’s physical assets and human resources among Revenue Division, successor organizations of Inland Revenue & Customs and related offices, fairly & equitably, keeping in view their operational and administrative requirements; Ensure the distribution in such a manner that it would not cause any disruption in operations and in the collection of duties and taxes of both Inland Revenue and Customs; and Perform any other function ancillary or in addition to the above, as assigned by 1&ADC.

The above committee and sub-committees may co-opt more members (officers, legal and domain experts) with the prior approval of the chairperson of the l&ADC.

The I&ADC or its sub-committees shall perform their functions according to the timelines mentioned in the Implementation Plan while ensuring continuity of operations, smooth revenue collection without any disruption for the remainder of the fiscal year, and causing minimal dislocation of officers & offices in the transition process.

The FBR shall be the administrative secretariat of the I&ADC and its sub-committees. Member Admin FBR shall provide requisite secretarial support, relevant information, and official records to the I&ADC and its sub-committees, as required by them. The Minister of Finance and Revenue may change the composition of the I&ADC or any of its subcommittees as deemed appropriate.

The Finance Minister shall be the final authority in relation to the functioning, jurisdiction or resolution of disputes arising out of the work of the I&ADC or any of its sub-committees.