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The Financial Express

Dealing with tax files

NBR asks offices to ensure representation of tax lawyers

| Updated: December 27, 2017 19:34:09


FE file photo FE file photo

The government's revenue authority has instructed its tax offices to ensure representation of the tax lawyers in dealing with tax files following their allegations against involvement of supporting staff of the tax circles with the process.

It has also instructed to take a cautious move for selection of tax files for audit with the direct involvement of the circle, range or commissioners of the tax offices.

The National Board of Revenue (NBR) recently issued the directives to all the tax commissioners across the country in response to the proposals made by the tax lawyers.

Serajul Islam, member of the taxes legal and enforcement wing, also asked the tax commissioners not to take signature of the taxpayers or their representatives on blank order sheet and not to take actions against a particular tax file beyond the legal provisions.

The instructions also include taking cautious move for reopening the tax files.

Taxpayers who would show income 15 per cent higher in tax files than that of the previous year should be kept out of audit, it said.

Bangladesh Tax Lawyers Association (BTLA) and Dhaka Tax Lawyers Association alleged that deputy commissioners of taxes often force the taxpayers and their authorised representatives to sign blank order sheet and later issue orders on their will, ignoring the procedures.

They also claim that supporting employees of the tax department illegally deals with the tax-related disputes which is against the tax law. Tax lawyers are being deprived of their potential clients due to such 'unauthorised' involvement.

According to the Income Tax Ordinance-1984, only taxpayers themselves, their family members, employees, tax lawyers, professional accountants and income tax practitioners can represent a taxpayer before the tax department and appellate tribunal.

However, tax lawyers at a partnership dialogue held on Tuesday in the city's Institution of Diploma Engineers Bangladesh (IDEB), appreciated the decision and demanded its proper implementation.

In the programme, BTLA president Monirul Huda alleged that some 75 per cent of the tax files are being dealt with by the unauthorised persons, even drivers of the tax offices.

He also sought independence of Taxes Appellate Tribunal through appointing its members from judiciary.

He said two members of the tax tribunal benches are being appointed from the tax department creating hindrance to independent judgment.

BTLA secretary general MA Gafur Majumder demanded appointment of at least one member of every bench either from judiciary or other sectors.

Responding to the proposals, NBR chairman Md Nojibur Rahman said a consultative committee, formed on December 24, will identify the areas of cooperation between the tax department and tax lawyers.

Meanwhile, in another programme in the Tax zone-5, the NBR chairman said the board will recognise Economic Reporters Forum (ERF) as its best partner for the year.

The tax zone organised the programme to honour its tax card winners.

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