21/08/2026
FTO Sets Aside Refund Rejection, Directs Fresh Hearing in Tax Year 2016 Case۔۔۔
The Federal Tax Ombudsman (FTO) has taken serious exception to the rejection of a Tax Year 2016 refund claim by RTO Islamabad and directed the department to reconsider the matter after providing the taxpayer an adequate opportunity of hearing.
In Complaint No. 11887/ISB/IT/2026, the FTO noted that the department had issued a notice under Section 170(4) of the Income Tax Ordinance, 2001 on August 15, 2020.
The taxpayer submitted a detailed reply along with supporting documentary evidence on September 6, 2020.
HOWEVER, while passing the refund rejection order on June 18, 2026, the assessing officer allegedly failed to properly discuss the taxpayer’s reply or record findings regarding the documentary evidence available on record.
The FTO observed that the order appeared to have been passed ex-parte, without providing a fresh and meaningful opportunity of hearing and without proper consideration of the material submitted by the taxpayer.
The Ombudsman termed the conduct arbitrary, unfair and contrary to law, holding it to constitute maladministration under Section 2(3)(i)(a) & (b) of the Federal Tax Ombudsman Ordinance, 2000.
DIRECTIONS to FBR.
The FTO has recommended that FBR:
Direct the CIR (Refund Zone), RTO Islamabad to revisit the impugned order under Section 122A for Tax Year 2016.
Provide the taxpayer an adequate opportunity of hearing and pass a fresh, reasoned order.
Obtain an explanation from the officer who passed the order dated June 18, 2026.
Share the officer’s explanation with the FTO.
Submit a compliance report within 30 days.
KEY TAKEAWAY
The FTO’s decision reinforces that a tax authority cannot reject a refund claim by ignoring the taxpayer’s reply and supporting evidence. Fair hearing, proper consideration of evidence and a reasoned decision are essential requirements of lawful tax administration.