Customs

Karachi Customs Uncovers Rs. 500 Million Tax Evasion Import Fraud Case

Karachi Customs Uncovers Rs. 500 Million Tax Evasion Import Fraud Case

Karachi – May 28, 2025:
In a major crackdown on import fraud, the Collectorate of Customs (Appraisement-East) Karachi has unearthed a large-scale scheme involving misdeclaration and concealment of imported goods, resulting in estimated tax and duty evasion of Rs. 500.44 million.

The case, registered under FIR No. 08/2025, names M/s Tri-Star Packages (NTN 8989461) and its clearing agent M/s Mahabat Khan & Sons (CHAL No. KCUS-3058) as the key conspirators. The investigation revealed deliberate misdeclaration of “Secondary Quality Electrolytic Tin Plate (ETP)” as “Prime Quality Galvalume Steel in Coil”, a lower-taxed category, to evade higher duties.

The method was deceptive: only the outer layers of the coils contained Galvalume Steel, while the inner material was the higher-taxed ETP. The declared value of USD 0.5850/kg was also significantly below the actual value of USD 0.86/kg, as per Valuation Ruling No. 1948/2025.

Based on credible intelligence, customs officials swiftly blocked six Goods Declarations (GDs) for inspection. A physical examination and lab testing on May 23, 2025, confirmed the concealment. The estimated total value of the imports was Rs. 850.65 million.

Charges have been filed under Sections 32(1), 32(2), 32A, 79, and 209 of the Customs Act, 1969, with additional violations under the Sales Tax Act, 1990, and Income Tax Ordinance, 2001.

Collector Naveed Ilahi led the investigation with a special team including Additional Collector Amjad Leghari, Deputy Collector Huda Malik, and Appraising Officers Saud Shaikh and Jawahar Abbas. The operation resulted in the seizure of over 1,700 tons of misdeclared coils from multiple locations, including bonded warehouses and factories.

Internal sources raised concerns over alleged systemic weaknesses within the appraisement framework. Chief Collector Nasir Jameel faces criticism for policies said to enable such fraudulent clearances, including misuse of the “green channel” and a controversial officer reward system that allegedly discourages scrutiny.

Appraising Officer Syed Ansar Hussain, credited with uncovering a Rs. 4 billion fraud, was reportedly denied acknowledgment and faced internal pushback.

Additionally, customs staff report deteriorating working conditions under the Faceless Customs Assessment system, with extended hours, canceled leave, and no public holidays—despite May 28 being declared a holiday for Yaum-e-Takbeer.

Authorities have pledged to apprehend all individuals involved, including directors and partners of Tri-Star Packages and Mahabat Khan & Sons. The investigation is ongoing and expected to reveal further insights into fraudulent practices and internal lapses, reinforcing the call for robust oversight and reform in customs operations.

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Rs700 Million Tax Evasion : Crackdown On Import Fraud Intensified

In a major crackdown on import fraud, the Southern Region of Customs Appraisement has uncovered a high-value case involving over Rs 700 million in duty and tax evasion. The discovery was made by the Collectorate of Customs Appraisement East, as part of its ongoing efforts to curb smuggling and misdeclaration at the import stage.

According to official sources, the fraudulent activity came to light when customs officials identified that an importer had intentionally misdeclared electrolyte tin plates by labeling them as galvalum sheets, a tactic aimed at avoiding the correct application of duties and evading tax liabilities.

The misdeclaration was particularly difficult to detect as the concealed high-value goods were not visibly distinguishable during regular customs inspections. However, advanced scrutiny and intelligence-based checks helped expose the fraudulent consignment.

Criminal Action and Seizures

Following a thorough investigation, customs authorities arrested three individuals linked to the fraud and seized goods valued at Rs 1.2 billion. Contravention reports have been officially lodged against all involved parties, and further legal action is underway.

This case highlights the growing sophistication of import fraud operations and the importance of vigilance and advanced verification mechanisms by Pakistan Customs. The Collectorate of Customs Appraisement East continues to strengthen its enforcement activities to protect national revenue and ensure compliance with trade regulations.

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WHO Urges FBR to Strengthen Tobacco Taxation Policy Amid Declining Revenue Performance

The World Health Organization (WHO) has officially submitted its budget proposals for FY 2025–26 to the Federal Board of Revenue (FBR), urging Pakistan’s tax authorities to revise and reinforce tobacco taxation policies. The global health body emphasized the importance of regular Federal Excise Duty (FED) adjustments and stronger monitoring to prevent manipulation of cigarette production and sales strategies by the industry.

According to WHO’s submission, the reduced tax revenue from tobacco in the first nine months of FY 2024–25 cannot be reasonably linked to illicit trade, as tobacco companies claim. Instead, the primary reason for lower-than-expected revenue is a shift in consumer sales from heavily taxed premium cigarette brands to lower-taxed economy brands. This shift was deliberately facilitated by companies that increased production and stockpiled premium brands in the last quarter of FY 2023–24, taking advantage of the static FED rates.

FED Rates Have Remained Unchanged Despite Rising Inflation

Since February 2023, the FED rates on cigarettes have not been adjusted. In the same period, Pakistan’s inflation has surged by 26%, while cigarette companies only increased the retail prices of their top-selling brands by 10%. This has effectively reduced the real tax per pack, significantly impacting revenue collection.

As a result of unchanged FED rates and strategic manipulation by the tobacco industry, FED revenue from cigarettes grew by just 7.4% during July–March 2024–25, falling short of projections. The increased focus on economy brands—which are taxed at Rs 101 per pack compared to Rs 330 for premium brands—has led to a significant drop in the average effective FED rate per cigarette.

Industry Claims vs. Official Data

While tobacco companies argue that illicit trade has hurt tax revenues, official production data contradicts this claim. In fact, the production of economy brands has increased by nearly 30%, and total cigarette production rose by approximately 22% during the first nine months of FY 2024–25. However, production of premium brands dropped sharply by 53.4%, confirming a strategic shift toward lower-taxed products.

This shift in product mix, combined with the absence of FED adjustments, has diluted the impact of excise duty and reduced the government’s per-pack revenue. WHO stated that to preserve the purchasing power of February 2023’s excise rates, the FBR should have increased the FED to Rs 127 for economy brands and Rs 416 for premium brands. The failure to make these adjustments has cost the government an estimated Rs 82 billion over the past two fiscal years.

Significant Revenue Despite Lower Production

Contrary to industry claims, revenue collection from cigarette taxes surged after the FED rate hike in February 2023. In FY 2023–24, Pakistan saw its lowest cigarette production on record but still achieved record-high revenue from tobacco taxation. The FBR collected Rs 237 billion in FED from cigarettes—well above the revised target of Rs 205 billion—reflecting a 15.7% increase year-on-year.

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Public Alert: SECP Responds to Misuse of BMA Capital’s Name

SECP Clarifies Misuse of Licensed Broker’s Name by Fraudulent Online Investment Platforms

Islamabad – May 27, 2025:
The Securities and Exchange Commission of Pakistan (SECP) has issued a formal clarification in reference to its earlier press release dated May 22, 2025. The previous announcement warned the public about the rising number of illegal and fraudulent online trading and investment platforms that have been falsely using the names of reputable companies and licensed professionals, including BMA Capital Management Limited.

It is hereby clarified that BMA Capital Management Limited is a duly licensed and regulated securities broker under the supervision of the SECP. The company has no affiliation whatsoever with the fraudulent platforms operating under names such as “BMA Capital No.108” and “BMAC Global Pro.” In response, BMA Capital has also published a public warning on its official website to alert investors and stakeholders against this misuse of its identity.

The general public is strongly advised to verify the authenticity of any investment platform or scheme through the SECP’s official website and by reviewing the official websites of licensed securities and commodities brokers. This step is crucial to protect individuals from falling victim to online financial scams and to safeguard their hard-earned savings.

پریس ریلیز: جعلی آن لائن سرمایہ کاری پلیٹ فارمز سے متعلق وضاحت

اسلام آباد – 27 مئی 2025:
سیکیورٹیز اینڈ ایکسچینج کمیشن آف پاکستان (SECP) نے 22 مئی 2025 کو جاری کردہ اپنی سابقہ پریس ریلیز کے حوالے سے وضاحت جاری کی ہے، جس میں عوام کو ایسے جعلی اور غیر قانونی آن لائن ٹریڈنگ اور سرمایہ کاری پلیٹ فارمز سے خبردار کیا گیا تھا جو کہ معروف کمپنیوں، لائسنس یافتہ اداروں، اور مستند ماہرین – بشمول بی ایم اے کیپیٹل مینجمنٹ لمیٹڈ – کے ناموں کا غلط استعمال کر رہے ہیں۔

یہ واضح کیا جاتا ہے کہ بی ایم اے کیپیٹل مینجمنٹ لمیٹڈ ایک مکمل طور پر لائسنس یافتہ اور SECP سے ریگولیٹڈ سیکیورٹیز بروکر ہے اور اس کا جعلی پلیٹ فارمز جیسے “BMA Capital No.108” اور “BMAC Global Pro” سے کوئی تعلق نہیں ہے۔ کمپنی نے اس غلط استعمال کے خلاف اپنی سرکاری ویب سائٹ پر ایک انتباہ بھی جاری کر دیا ہے۔

عوام کو ایک بار پھر مشورہ دیا جاتا ہے کہ کسی بھی سرمایہ کاری پلیٹ فارم یا اسکیم کی قانونی حیثیت کی تصدیق SECP کی ویب سائٹ سے ضرور کریں اور صرف ان بروکرز پر اعتماد کریں جو SECP سے لائسنس یافتہ ہیں تاکہ خود کو کسی بھی مالی دھوکہ دہی سے محفوظ رکھا جا سکے۔

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Relaxation to NBMFCs for Participation in “Apni Chhat Apna Ghar”

In a move to promote financial inclusion, the Securities and Exchange Commission of Pakistan (SECP) has granted regulatory relaxation to Non-Banking Microfinance Companies (NBMFCs), enabling them to participate in the Government of Punjab’s Apni Chhat Apna Ghar (ACAG) housing scheme. This initiative aims to provide affordable housing solutions to low-income families across the province.

NBMFCs are key financial service providers to underserved and remote communities. By including them in the ACAG program, the SECP aims to improve access to housing finance where traditional banks often fall short. This relaxation will help NBMFCs offer tailored, low-cost housing finance, supporting the SECP’s wider goal of inclusive economic development through greater financial access.

ایس ای سی پی نے نان بینک مائیکروفنانس کمپنیوں کو “اپنی چھت اپنا گھر” اسکیم میں شامل ہونے کی اجازت دے دی

اسلام آباد – 23 مئی 2025:
مالی شمولیت کے فروغ کے لیے، سیکیورٹیز اینڈ ایکسچینج کمیشن آف پاکستان (SECP) نے نان بینک مائیکروفنانس کمپنیوں (NBMFCs) کو حکومت پنجاب کی “اپنی چھت اپنا گھر” اسکیم میں شامل ہونے کی ریگولیٹری اجازت دے دی ہے۔ اس منصوبے کا مقصد کم آمدنی والے خاندانوں کو سستے گھر فراہم کرنا ہے۔

NBMFCs دور دراز اور پسماندہ علاقوں میں مالی خدمات فراہم کرنے والا اہم ذریعہ ہیں۔ ان کمپنیوں کو اسکیم میں شامل کرنے سے رہائشی فنانس تک رسائی بڑھے گی، جہاں عام بینک اکثر ناکام رہتے ہیں۔ یہ ریلیف NBMFCs کو کم لاگت، آسان شرائط پر گھر کی مالی سہولت فراہم کرنے میں مدد دے گا اور SECP کے جامع اقتصادی ترقی کے وژن کو بھی تقویت دے گا۔

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New Taxes in Budget 2025-26; Freelancers, Vloggers

Govt Eyes Rs500-600bn in New Taxes in Budget 2025-26; Freelancers, Vloggers, Pensioners Likely to Face Tax Net

ISLAMABAD – May 23, 2025:
The federal government is planning to introduce new taxation measures in the upcoming Budget 2025-26, targeting a wide range of sectors including freelancers, vloggers, and pensioners, in a bid to generate an additional Rs500-600 billion in revenue, according to a report released on Thursday by Topline Research.

The report titled ‘Pakistan Federal Budget FY26 Preview’ projects the government will assign the Federal Board of Revenue (FBR) a tax collection target of Rs14.1 to Rs14.3 trillion for the upcoming fiscal year. This marks a 16–18% increase compared to the current year’s tax revenue.

Out of the targeted growth, 12% is expected to come from autonomous growth driven by GDP growth (3.6%) and inflation (7.7%). The remaining 4–5%—equivalent to Rs500–600 billion—is expected to be raised through additional tax measures.

Freelancers and Social Media Incomes to Be Taxed
The report indicates that income from platforms like YouTube, TikTok, and other digital channels may soon be taxed. The Institute of Cost and Management Accountants of Pakistan (ICMAP) has proposed a 3.5% tax rate on such income streams, potentially generating Rs52.5 billion annually.

Tax on Pensioners Under Consideration
Additionally, the government is contemplating a new tax on pensions exceeding Rs400,000 per month. The proposed tax rate ranges between 2.5% and 5%. If implemented, this move could fetch Rs20–40 billion. Last year, the government faced resistance on this proposal, but sources suggest it’s likely to be enforced this year.

Pakistan has already spent Rs673 billion on pension payments during the first nine months of FY24-25, and the annual cost is projected to hit Rs1 trillion.

GST Base Adjustment for Essential Goods
The Pakistan Bureau of Statistics (PBS) has revised how general sales tax (GST) is calculated on key commodities like sugar. Instead of market prices, GST is now based on published rates (Rs72.22/kg for sugar), even though market prices have surged to Rs150/kg. This technical adjustment is expected to contribute Rs70–80 billion in additional revenue.

Health and FED Taxes on the Rise
The government is also reportedly planning to impose a “health tax” on ultra-processed food items such as snacks and biscuits. As part of this initiative, Federal Excise Duty (FED) on such items may rise by 20% in FY26, with a goal to increase FED on these items to 50% by FY29. A simultaneous hike in FED on cigarettes is also anticipated.

Non-Filers to Face Transaction Restrictions
As part of its agreement with the International Monetary Fund (IMF), the government has submitted a bill to parliament aimed at removing the non-filer category. If passed, Section 114C will prevent non-filers from conducting key economic transactions like purchasing vehicles or real estate. The proposal is under Senate committee review, and FBR may require technological upgrades before implementation.

Petroleum Development Levy (PDL) Expansion
To meet revenue goals, the government also plans to increase the Petroleum Development Levy (PDL) on petrol and diesel by Rs5/litre in the form of a “carbon tax” over the next two years. In addition, PDL may be imposed on furnace oil sales for the first time, potentially generating Rs35–80 billion annually.

Retail Sector in IMF’s Crosshairs
IMF has mandated a revenue target of Rs295 billion from the retail sector during the first half of FY26. This target is expected to be met through advance tax hikes on distributors and other retail-related measures.

Other Expected Measures

  • A 5% increase in FED on fertilisers and pesticides, potentially raising over Rs30 billion

  • Elimination of GST exemptions for FATA/PATA regions

  • Full withdrawal of concessionary GST rates on remaining products

  • Provincial-level introduction of agriculture income tax

  • Higher GST on luxury goods including cosmetics, jewellery, high-end mobile phones, and aircraft

Possible Reliefs
Despite the aggressive tax measures, the government is considering some reliefs, including:

  • Income tax relief for salaried individuals

  • Incentives for the real estate sector

  • Duty reductions or relaxation in the age limit for imported vehicles (from 3 to 5 years)

  • Subsidies for housing finance

The Federal Budget for FY2025-26 is scheduled to be presented on June 2, 2025.

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Government Launches National Targeting System to Curb Sales Tax Evasion in Pakistan

Prime Minister Shehbaz Sharif has directed the implementation of a comprehensive National Targeting System to tackle sales tax evasion, smuggling, and under-invoicing across Pakistan. The announcement came during a high-level review meeting chaired by the Prime Minister, focusing on Federal Board of Revenue (FBR) reforms and enforcement initiatives.

According to a statement issued by the Prime Minister’s Office (PMO), the new system will use e-tags and digital tracking devices to monitor the movement of goods through transport vehicles. This will allow authorities to track goods in real time and reduce tax fraud in supply chains.

Key Highlights of the National Targeting System

  • e-Bilty Integration:
    A new e-Bilty system will be launched and fully integrated with the FBR’s digital infrastructure. It will digitize consignment records and monitor the origin and movement of goods, helping reduce tax evasion and smuggling.

  • Digital Checkpoints Nationwide:
    Digital monitoring systems will be installed on all major highways and entry points of major cities, enabling end-to-end tracking of commercial transportation.

  • Customs Targeting System at Ports & Airports:
    To enhance oversight on imports and exports, a Customs Targeting System will also be introduced. This will automate customs checks using artificial intelligence and integrate with both domestic and international databases.

The overarching goal is to digitize the economy, prevent illegal trade, and boost national revenue without increasing the burden on honest taxpayers.

Strong Message Against Tax Evasion

During the meeting, PM Shehbaz Sharif stressed the urgency of reforming a tax system plagued by “70 years of mismanagement.” He reaffirmed that the government would fully support honest taxpayers and legitimate businesses, but warned of strict legal action against tax evaders and those involved in under-invoicing or smuggling.

“We will provide maximum facilitation to compliant businesses, but those who cheat the system will face the full force of the law,” the Prime Minister said.

This reform is part of the government’s broader strategy to expand the tax base, improve fiscal transparency, and reduce reliance on external borrowing.

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Pakistan’s Low Tax-to-GDP Ratio Hindering Economic Growth, Say FBR & ABAD Officials

Federal Board of Revenue (FBR) Chief Commissioner Aftab Alam, in a recent address at the Association of Builders and Developers of Pakistan (ABAD) House in Karachi, emphasized the urgent need to increase Pakistan’s tax-to-GDP ratio in order to reduce the national debt and stimulate economic progress.

Highlighting regional disparities, Alam noted, “India’s tax-to-GDP ratio stands at 17%, while Pakistan’s lags behind at just 9%.”

Meanwhile, Finance Minister Muhammad Aurangzeb has projected that Pakistan’s tax-to-GDP ratio will rise to 10.6% by the end of the current fiscal year—an important step toward the government’s goal of achieving 13% by the end of the 37-month Extended Fund Facility (EFF) agreement with the International Monetary Fund (IMF). The IMF, in its recent review, estimated Pakistan’s total tax revenue at 12.6% of GDP for FY2024-25, with FBR collections expected to reach 10.7%.

Broadening the Tax Base is Critical

Aftab Alam acknowledged that the existing tax burden falls disproportionately on a limited number of taxpayers. He stressed the necessity of expanding the tax base to include more contributors. Drawing a national parallel, he remarked, “In times of conflict, the Pakistan Army protects the nation. Now, it’s our duty as citizens to support the country by paying our fair share of taxes.”

Real Estate Sector Seeks Tax Reforms for Stability and Growth

ABAD Chairman Muhammad Hassan Bakshi echoed similar concerns, noting that Pakistan is currently engaged in an economic struggle, and that investment—particularly in the construction sector—will be key to revitalizing the economy.

He emphasized that nearly 50% of the $34 billion remitted by overseas Pakistanis is invested in the construction industry. “The construction sector is Pakistan’s largest employment generator, with 72 allied industries depending on it. If we want sustainable tax revenue and employment growth, we must prioritize this sector.”

Bakshi urged the FBR to implement long-term, consistent, and transparent tax policies to attract both domestic and foreign investment. He warned that frequent changes in tax laws create uncertainty and discourage investors.

Call for Coordination & Valuation Reform

To improve regulatory coordination, Bakshi requested the appointment of a dedicated FBR focal person at ABAD House. He also raised concerns over the issuance of tax notices to builders and developers, recommending that ABAD be notified of such notices to facilitate legal support.

The ABAD Chairman revealed that in Karachi’s South District alone, over 50 real estate projects—collectively valued at $5 billion—are ready for investment. He called on the government to ensure stability in taxation to unlock this investment potential.

Government Housing Scheme Could Boost Revenues

Bakshi also highlighted a forthcoming subsidized housing finance scheme, which would allow homebuyers to pay just 20% upfront, with the remaining 80% covered through affordable installments. He estimated that this initiative could generate trillions in tax revenue for the FBR while addressing the country’s housing shortage.

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National Tariff Policy 2025-30: Government to Slash Import Duties in Five-Year Reform Plan

In a major policy shift aimed at promoting export-led economic growth, the Government of Pakistan has announced the first phase of the National Tariff Policy 2025-30, which will be implemented in the upcoming Federal Budget 2025-26. This comprehensive reform plan aims to lower import duties, eliminate additional and regulatory duties, and simplify the customs tariff structure over the next five years.

The Engineering Development Board (EDB), in a circular dated May 17, 2025, confirmed that the policy will gradually restructure the tariff regime to support industrial competitiveness and economic expansion.

Key Features of the National Tariff Policy 2025-30:

As per the EDB circular, the policy outlines the following major reforms:

  1. Reduction in Customs Duty Slabs
    The current five customs duty slabs—0%, 3%, 11%, 16%, and 20%—will be reduced to four slabs:

    • 0%

    • 5%

    • 10%

    • 15%
      This includes:

    • Abolishing the 3% slab, shifting items to 0% or 5%

    • Reducing the 11% slab to 10%

    • Lowering the 16% slab to 15%

    • Phasing out the 20% slab entirely over the five-year period

  2. Capping Maximum Customs Duty at 15%
    The highest rate of customs duty will be capped at 15%, down from the current 20%, by the end of the plan.

  3. Phased Elimination of Duties

    • Additional Customs Duty (ACD) will be completely eliminated in four years, starting with Budget 2025-26

    • Regulatory Duty (RD) will be phased out over five years

  4. Abolishment of the Fifth Schedule
    The Fifth Schedule of the Customs Act, which governs the concessional import of capital goods and industrial raw materials, will also be phased out over five years. This is a significant move towards a more neutral and competitive tariff regime.

Economic and Industrial Impact

The policy is part of the government’s export-oriented growth strategy, as directed by Prime Minister Shehbaz Sharif, who termed the announcement a “turning point” in Pakistan’s trade and industrial policy.

“This is a crucial step in driving economic growth through a smarter, more equitable trade policy,” said the Prime Minister during a high-level meeting on the National Tariff Policy.

The EDB has called upon industrial stakeholders to analyze and respond to the plan, emphasizing the need for sector-wise input to assess the implications for local industries, import costs, export competitiveness, and economic productivity.

Stakeholder Consultation

The EDB’s circular invites all industry associations, manufacturers, and trade bodies to submit their feedback on how the proposed tariff restructuring might affect:

  • Industrial input costs

  • Product pricing and supply chains

  • Export margins and competitiveness

  • Import substitution and local production

This consultative approach aims to ensure that the policy reforms are aligned with the economic needs of various sectors while fostering sustainable growth.

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ATIR Declares Assessment Orders Must Be Communicated to Taxpayer Within Legal Timeframe

In a significant judgment that reinforces procedural transparency in tax administration, the Appellate Tribunal Inland Revenue (ATIR) has ruled that an income tax assessment order must be communicated to the taxpayer within the legally prescribed timeframe to attain legal efficacy.

The Tribunal emphasized that an order merely signed or finalized internally on a file does not fulfill the legal requirement unless it is formally communicated to the affected party. Without such communication, the order cannot be considered validly passed within the statutory deadline.

This important ruling was issued by the ATIR in a case argued by noted tax lawyer Waheed Shahzad Butt, where the tribunal held that procedural fairness is paramount and legal deadlines must be strictly adhered to.

“This judgment is a reaffirmation that tax authorities are duty-bound to operate within the legal framework and uphold the rights of taxpayers,” Butt stated. “It sets a precedent that decisions must be made and shared transparently and within the stipulated period.”

Key Observations from the ATIR Order:

  • A show cause notice (SCN) was issued on January 8, 2024, and the amended assessment order was passed on November 8, 2024 — totaling 305 days from issuance.

  • The Income Tax Ordinance, 2001, under Section 122(5A), permits a maximum of 240 days for passing an assessment order following a show cause notice.

  • It was admitted in the case that the extension in time was sought from the Commissioner only after 239 days, on September 3, 2024, which the Tribunal found procedurally defective.

  • Crucially, no opportunity of hearing was given to the taxpayer before granting the extension, which is a mandatory requirement under law.

As per the Tribunal’s findings:

“It is now a settled principle that before granting any extension of time, it is the bounden duty of the Commissioner Inland Revenue (CIR) to act impartially and provide a fair hearing to all concerned parties. The failure to do so renders the extension order illegal and void ab-initio.”

Legal Implications:

This decision highlights the importance of procedural compliance by tax authorities. It underscores that:

  • Taxpayers must be kept informed of orders affecting their rights;

  • Extensions for assessments must follow due process, including providing the affected party an opportunity to be heard;

  • Orders passed outside the statutory period, without proper communication, are liable to be declared time-barred and unenforceable.