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Express Tribune
4 days ago
- Business
- Express Tribune
Tarar for avoiding conflict of interests
Listen to article Law Minister Azam Nazir Tarar has advised the newly appointed members of appellate tribunals dealing with billions of rupees worth of tax matters to recuse themselves from hearing cases where the conflict of interests arises because of their past professional affiliations. The minister spoke to The Express Tribune after questions were posed about the conflict of interests in the case of some of the appellate tribunal members. "When the question of conflict of interests arises, the newly appointed members will choose the option of 'not before me'," Tarar said. Instead of appointing new members of the Inland Revenue appellate tribunal through the Federal Public Service Commission (FPSC), the government in January this year constituted a three-member selection committee. Among the committee members were Justice (Retired) Mushir Alam, Major General (Retired) Naveed Ahmad, who is a member of the FPSC, and Asim Zulfiqar, a senior partner of AF Ferguson chartered accountancy firm. On the recommendation of the committee, the federal cabinet has so far appointed 15 members from March to May this year. The newly appointed members have been given salaries equal to judges but they are not independent like the judges, said Dr Ikramul Haq, a senior lawyer at the Supreme Court of Pakistan. He also questioned the selection process, saying there were questions about some of the members' competency and conflict of interests. The members should either work under high courts or the Supreme Court instead of working under the executive branch, he suggested. To a question about bypassing the FPSC, the law minister said the selection process had been outsourced to management consulting firm AT Kearney "for ensuring independence" in the process. To another question how to ensure transparency and objectivity in deciding the cases if some of the tribunal members have worked with tax advisory firms, Tarar replied "we believe that these are mature people and will take care of the conflict of interests". The minister said that whenever such a situation arises, the members should exercise the "not before me" right to avoid hearing cases being pleaded by tax firms where they have worked in the past. The Ministry of Law has made these appointments under Section 130 of the Income Tax Ordinance, 2001. The law states that a person shall be eligible to be appointed as a member of the Appellate Tribunal, if he is an advocate of a High Court for not less than 15 years and possesses such other qualifications as may be prescribed by rules under this section; has for a period not less than 10 years practiced professionally as a chartered accountant and has for a period not less than 10 years practiced professionally as a cost and management accountant. An officer of the Inland Revenue in BS-21 or above; or an officer of the Inland Revenue in BS-20, having served in such a grade for three years or more, is also eligible for these appointments. The prime minister decided to appoint all these members from the private sector to address the issue of conflict of interests. There had also been incidents in the past where the Federal Board of Revenue (FBR) used to influence the outcome of cases, although the members were working under the administrative control of the law ministry. About Rs4 trillion in revenues are stuck at various levels – most of which before the commissioners appeal of the FBR and the appellate tribunals. The FBR and the office of the Attorney General of Pakistan had assured the PM to at least recover about Rs400 billion before June. Similar assurances had also been given to the IMF. However, so far no major breakthrough has been achieved, except in the case of windfall tax. A recent IMF report stated that the Pakistani authorities were actively pursuing the resolution of outstanding cases. It said efforts were being made to recover Rs367 billion out of a total of Rs770 billion under dispute. These included cases pending before the Supreme Court involving Rs43 billion, high courts in Islamabad, Sindh and Lahore involving Rs217 billion and the Appellate Tribunal Inland Revenue Rs104 billion. The report disclosed that the IMF had been assured that the Supreme Court had completed its initial hearing, with a final decision expected by mid-April. A favourable ruling could effectively resolve related cases worth an estimated Rs120 billion, according to the report. The IMF's view was that resolving the cases would help clarify the legality of the disputed claims, thereby supporting future revenue by reducing uncertainty and discouraging future litigation. The appointments of the new members have already been challenged in courts for the lack of transparency. According to media reports, the Islamabad High Court (IHC) has issued an interim order on the appointment of members in the Appellate Tribunal Inland Revenue, stating that all appointments would be subject to the final outcome of a writ petition. Earlier, the IHC issued notices to the Ministry of Law secretary, FPSC chairman and Attorney General of Pakistan following a constitutional petition challenging the appointment process of tribunal members. The petition challenges the unadvertised process of "head hunting" and the lack of transparency. It alleges that the appointment process did not follow the established rules and procedures.
Business Recorder
01-05-2025
- Business
- Business Recorder
Case regarding violations of Rule 150ZEO: Sealing of outlet will harm business entity and economy: ATIR bench
ISLAMABAD: A division bench of the Appellate Tribunal Inland Revenue (ATIR), Islamabad bench, in a landmark judgment, held that the sealing of retail outlet of a taxpayer will cause undue harm to both the business entity and the broader economy, undermining the objective of efficient tax collection in the context of doctrine of proportionality. In a detailed judgment, the ATIR has also discussed the discretionary authority of the court to permit an appellant to withdraw an appeal and the procedural requirements and legal framework governing the sealing of a registered person's business premises for violations of Rule 150ZEO of the Sales Tax Rules, 2006. The judgment has once again been authored by M M Akram, the senior-most judicial member of the ATIR who has earlier authored dozens of judgments on new legal issues. A Karachi-based tax consultant, Basharat Qureshi, when contacted, added that such judicial members of the ATIR selected by the FPSC through a transparent selection process, instead of lateral entry, are a blessing for the taxpayers against the high-handedness of the department and ought to be elevated to the high court to head tax benches. The facts of the case were that the Department received a complaint alleging that the taxpayer issued invoices without QR codes or non-POS invoices worth Rs10359. Based upon these allegations, the CCIR decided to take action to seal of retail outlet. The DCIR prepared a draft sealing order and forwarded the same to the Additional Commissioner and ultimately the Chief Commissioner, LTO, Islamabad, passed the impugned order. The taxpayer filed a direct appeal to ATIR. During the third hearing of appeal, the taxpayer filed an application to withdraw the appeal. The application was not entertained as important legal issues were involved. The ATIR framed two legal questions as under: Q1. Did the impugn decision dated March 07, 2025 to seal the taxpayer's business premises, without issuing a show cause notice or verifying the alleged invoices, contravenes the principle of natural justice and procedural fairness The ATIR in respect of first question held that given the procedural flaws outlined above, it is clear that the action taken by the tax authorities in sealing the business premises violated the principles of natural justice and procedural fairness. The failure to issue a show cause notice and allow the appellant an opportunity to respond constitutes a serious denial of their right to be heard. Additionally, the lack of invoice verification, the unauthorised initiation of the sealing process by an officer lacking the necessary authority, and jurisdictional errors further undermine the validity of the action. These procedural breaches, which are essential to ensuring fairness and justice, render the sealing order unlawful. Q.2 Did the Commissioner's decision to seal the taxpayer's business premises and impose a penalty appropriately reflect the principle of proportionality in relation to the alleged tax evasion? The ATIR observed that the sealing of the business constitutes a highly coercive and severe measure. Such an action may not, in every circumstance, be the most effective means of ensuring compliance with tax obligations. Therefore, it is imperative to consider whether there exist any alternate measures within the statutory framework that are less disruptive yet capable of achieving the desired compliance. In this regard, section 40B of the Sales Tax Act, 1990 provides an alternative mechanism for ensuring tax compliance. Copyright Business Recorder, 2025
Yahoo
21-02-2025
- Business
- Yahoo
Duke Energy Florida files plans for four new solar energy sites, adding nearly 300 megawatts of energy to the electric grid
The sites will be located in Madison, Sumter, Hernando and Jefferson counties and completed by summer 2026 All together, they are expected to save customers $843 million over their service lifetimes ST. PETERSBURG, Fla., Feb. 21, 2025 /PRNewswire/ -- Today, Duke Energy Florida submitted its 2025 Solar Base Rate Adjustment (SoBRA) filing to the Florida Public Service Commission (FPSC), outlining plans for four solar energy sites the company is pursuing this year in order to deliver on its commitment to continue providing reliable, affordable and increasingly clean energy for its customers. In accordance with Duke Energy Florida's settlement agreement – which was approved by the FPSC in August 2024 – the company is investing over $521 million to establish solar sites in Madison County (Sundance Renewable Energy Center), Sumter County (Half Moon Renewable Energy Center), Hernando County (Rattler Renewable Energy Center) and Jefferson County (Bailey Mill Renewable Energy Center). All together, these sites are expected to save customers $843 million over their service lifetimes. To date, the company has broken ground on the Sundance, Half Moon and Rattler renewable energy centers, all of which will be in service by January 2026. Bailey Mill Renewable Energy Center is continuing through the permitting process with the goal of starting construction in the summer of 2025, allowing for it to come online by the summer of 2026. During construction, each solar site will create an average of 150 temporary jobs, and when completed, they will add nearly 300 megawatts of quiet, carbon-free energy to the electric grid. At peak output, each of the four 74.9-megawatt solar sites will generate enough electricity to power the equivalent of approximately 23,000 homes, while displacing 1.2 million cubic feet of natural gas, 15,000 barrels of fuel oil and 12,000 tons of coal annually. "At Duke Energy Florida, we work every day to modernize and strengthen our generation fleet," said Melissa Seixas, Duke Energy Florida state president. "Solar energy is an innovative, cost-effective and clean solution we continue to implement on behalf of our customers all across the Sunshine State." Duke Energy Florida currently owns, operates and maintains a portfolio of more than 25 solar sites across the state that produce approximately 1,500 megawatts of energy. Between 2025 and 2027, the company plans to build 12 new solar sites – including these four – adding an additional 900 megawatts of energy to the electric grid. In fact, by the end of 2033, the company projects to have over 6,100 megawatts of utility scale solar generating capacity online. Duke Energy FloridaDuke Energy Florida, a subsidiary of Duke Energy, owns 12,300 megawatts of energy capacity, supplying electricity to 2 million residential, commercial and industrial customers across a 13,000-square-mile service area in Florida. Duke Energy Duke Energy (NYSE: DUK), a Fortune 150 company headquartered in Charlotte, N.C., is one of America's largest energy holding companies. The company's electric utilities serve 8.4 million customers in North Carolina, South Carolina, Florida, Indiana, Ohio and Kentucky, and collectively own 54,800 megawatts of energy capacity. Its natural gas utilities serve 1.7 million customers in North Carolina, South Carolina, Tennessee, Ohio and Kentucky. Duke Energy is executing an ambitious energy transition, keeping customer reliability and value at the forefront as it builds a smarter energy future. The company is investing in major electric grid upgrades and cleaner generation, including natural gas, nuclear, renewables and energy storage. More information is available at and the Duke Energy News Center. Follow Duke Energy on X, LinkedIn, Instagram and Facebook, and visit illumination for stories about the people and innovations powering our energy transition. Contact: Aly Raschid24-Hour: 800.559.3853X: @DE_AlyRaschid View original content to download multimedia: SOURCE Duke Energy Sign in to access your portfolio
Express Tribune
12-02-2025
- Politics
- Express Tribune
'All state institutions have collapsed'
ISLAMABAD: Islamabad High Court (IHC) Justice Mohsin Akhtar Kayani has noted that all state institutions, including the executive, parliament, and judiciary, have collapsed. "Judiciary is one of the pillars of the state. This pillar now exists in a limbo," the IHC's senior judge said on Tuesday. The PML-N led coalition government in October last year bulldozed the 26th Constitutional Amendment through parliament, an amendment that introduced sweeping change in the judiciary. The amendment changed the procedure for appointment of the chief justice of Pakistan while also changing the composition of the Judicial Commission of Pakistan (JCP), giving the executive more power in the selection and elevation of judges to the superior courts. The amendment also resulted in the formation of constitutional benches in superior courts together with an increase in the number of judges in the top court. Many of these measures were seen by critics as attempts to control and manage the judiciary by pitting judges against each other. The IHC judge, who was hearing a petition filed by some candidates seeking directions for the Federal Public Service Commission (FPSC) not to conduct new Central Superior Services (CSS) exams before announcing results of the previous one, however, said he has not lost hope. "We are not despondent, though. It is the youth that is going to do something for this country," he added, FPSC Chairman Lt General (retd) Akhtar Nawaz Satti appeared in the court and stated that he had recently taken chargeon October 9, 2024. He requested the court to ask the candidates to refer back to the FPSC. "We dismissed the petitioner's request [to postpone exams] because they will still have chances [to reappear in the exam] even after the 2025 exams," he said. The court noted that the matter was referred to the FPSC to be examined from its perspective. The judge stated that there are 3,761 candidates who appeared in the 2024 exams and are now sitting for the 2025 exams as well. "A total of 88 exam halls have been booked across the country, and all relevant papers have already been dispatched [for the 2025 exams]," FPSC chief said. Additional Attorney General Munawar Iqbal Duggal stated that postponing these exams would create confidentiality issues. He said the exams are scheduled to commence on February 15 and that FPSC had the legal authority to conduct the next exam even if the previous results were not yet declared. The court remarked that if results were not released, exams could continue indefinitely in 2026 and 2027. "Had the results been announced even a week earlier, these petitioners would not be before the court today. If FPSC had stated that they were announcing the results today, the petition would have been disposed of," he added. In response, the FPSC chairman stated that if he could expedite the process, he would, but it was not feasible. The commission had decided in the larger public interest to conduct the exam on time. He assured the court that the results of the 2024 CSS exams would be announced in the last week of April. After hearing the arguments, the court reserved its judgment and later dismissed the petition.
Express Tribune
07-02-2025
- Politics
- Express Tribune
CCE application form
This concerns a critical issue faced by candidates participating in the Combined Competitive Examination (CCE) 2023, conducted by the SPSC. The inability to rectify errors in the online application form, particularly concerning the selection of optional subjects, has caused significant distress to numerous aspirants, including myself. During the online application process, I inadvertently selected an incorrect optional subject. Upon realising the mistake, I immediately sought guidance from SPSC officials, only to be informed that no amendments could be made at that stage and that I would first need to clear the screening test. Despite this setback, I persevered in my preparation and successfully passed the screening test. However, despite multiple visits to the SPSC office to request a correction to my optional subject, my appeals were repeatedly denied. This issue is further compounded by the fact that other esteemed institutions, such as the FPSC, allow candidates to modify their application details post-submission. This situation is particularly distressing as this examination represents my final opportunity to appear for the CCE, and my future prospects are contingent upon its outcome. While I fully understand the importance of adhering to established rules and procedures to ensure transparency and fairness, there should also be a mechanism to address genuine errors made during the application process. Denying candidates the opportunity to correct such mistakes not only undermines their hard work but also raises concerns about the fairness of the system. The SPSC should take immediate and compassionate action to resolve this issue. A simple correction to the optional subject could have a profound and positive impact on the lives of countless candidates who have dedicated years to their preparation. I trust that the relevant authorities will take steps to ensure a more equitable and candidate-friendly process in the future. Farhan Ali Sarki Thul, Jacobabad
