livelawpk.com - FBR directed to provide requisite information by PIC

Article 19-A of the Constitution of Islamic Republic of Pakistan also gives fundamental right to every citizen of Pakistan to have access to the public record in the matter of public importance subject to reasonable restrictions provided under the law --- FBR directed to provide requisite information --- Pakistan Information Commission

8 months, 3 weeks
519

Islamabad 26-03-2024: The Pakistan Information Commission accepted appeal [Appeal No: 3426-01/2024] and issued direction to FBR to provide requisite information to the appellant. The brief facts of the case are as the appeal filed by Azmat Khan against the Federal Board of Revenue (FBR) for not providing the requested information within the stipulated time period. The appellant's information request included queries related to FIR/Case No. 01/2023, sales tax registration suspension, officer rotations, and disclosure of information under the Income Tax Ordinance. The FBR relied upon legal provisions from the Income Tax Ordinance and Sales Tax Act, stating that the requested information falls under the category of confidential particulars, and therefore, unauthorized disclosure is prohibited. However, the Pakistan Information Commission examined the relevant laws, the appellant's request, and the FBR's written reply. The Commission found that the information requested by the appellant pertains to public records and is subject to disclosure under the Right of Access to Information Act, 2017. The Pakistan Information Commission, after careful examination, concluded that the requested information fell under the purview of public records and should be proactively disclosed by the public body. The Commission highlighted Article 19-A of the Constitution of Pakistan, which grants citizens the fundamental right to access public records in matters of public importance, subject to reasonable restrictions.

In conclusion, the Pakistan Information Commission's decision in the appeal underscores the significance of transparency, access to information, and accountability in matters of public interest. By upholding the appellant's right to access specific information related to tax-related proceedings, the Commission reaffirmed the legal framework supporting transparency and public access to records while emphasizing the public body's obligation to comply with disclosure requirements under the Right of Access to Information Act, 2017. The Commission allowed the appeal and directed the Directorate of Intelligence and Investigation (Inland Revenue) to provide the required information to the appellant within 10 days.