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    Citizen Report Card Study 2010-11

    on

    Federal Tax Ombudsman

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    TRANSPARENCY INTERNATIONAL PAKISTAN

    5-C, 2ND

    FLOOR, KHAYABAN-E-ITTEHAD,PHASE-VII, DEFENCE HOUSING AUTHORITY,KARACHI

    PHONE (0092-21) 5390408-9FAX (0092-21) 5390410EMAIL [email protected]

    WEBSITE www.transparency.org.pk

    SOCIAL RESEARCH CENTREIslamic Countries Society of Statistical Sciences44-A, CIVIC CENTRE, SABZAZAR, MULTAN ROAD,LAHORE, PAKISTAN.

    TEL (0092 42) 37840065 / 35878583

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    PROJECT MANAGER:Dr. Munir Ahmad

    PROJECT COORDINATORS1. Dr. M. Inayat Khan

    2. Dr. S.M. Zia

    3. Dr. Abdus Saboor

    4. Dr. M. Faisal Qadeer

    5. Dr. Abdul Majid Makki

    6. Dr. Muhammad Aslam7. Dr. Islam Khan

    IT EXPERTDr. Khalil Ahmed

    SOCIAL RESEARCH CENTRE (SRC) OFFICE

    1. Dr. M. Hanif2. Dr. S.A. Lodhi

    3. Dr. Alia Ahmed

    4. Mr. M. Iftikhar

    5. Mr. M. Imtiaz

    6. Mr. Saif-ur-Rehman

    PROJECT INVESTIGATORS:1 Mir S mi ll h B ig 14 Mr K shif S eed

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    Foreword

    While attending a seminar on Measures to enhance transparency in tax collection and

    role of FTO held on 5th August 2010, along with the Honourable Federal Tax

    Ombudsman, the matter of effectiveness of the FTO establishment came intodiscussion. During this discussion, the Honourable Federal Tax Ombudsman proposed

    that Transparency International-Pakistan being a reputable and an independent

    organization may get a study done which can determine the effectiveness of the FTOOffice. Accordingly, Transparency International-Pakistan (TIP) accepted the proposal

    and decided to conduct the first of its kind Citizen Report Card (CRC) Study inPakistan.

    TIP and FTO jointly shaped up the design for the study while the questionnaire wasprepared by TIP . Subsequently an independent research firm, Islamic Countries

    Society of Statistical Sciences (ISOSS) was appointed to carry out the study. It took alot of efforts as coordination with the FTO Office in Islamabad, FBR offices and trade

    bodies spread across the country was by no mean an easy task. The whole exercise

    was completed in a period of around two months and utmost care was taken duringeach and every step.

    From the study, it can be seen as to how it can be helpful in understanding the

    shortfalls and improving the service quality. Actually, Citizen Report Card (CRC)

    Study when done through an independent medium plays the role of a bridge betweenthe service provider and the stakeholders. The Honourable Federal Tax Ombudsman

    d i ti f t ki g t l i thi g d f lf t bilit

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    I would also like to invite other public sector organizations to follow the example of

    FTO and get such studies done for assessment of their performance and improvement

    in their work and feed back for further improvements, through third parties.

    TI is thankful to M/s ISOSS for conducting the report card study, and also ChairmanFBR, Mr Salman Siddique who took personal interest is enabling TIP to have the

    responses from FBR.

    Syed Adil Gialni

    Chairman

    Transparency International Pakistan

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    Executive Summary

    Transparency International Pakistan initiated the analytical exercise to

    evaluate the performance of Federal Tax Ombudsmen (FTO) in the light of opinion oftaxpayers individuals, Tax Bar Associations, Trade Bodies and Chambers of

    Commerce and Industries in Pakistan.

    The Government of Pakistan established Federal Tax Ombudsmen (FTO) in

    2000 as a quasi-judicial forum to address the issues between various tax departmentsand taxpayers. The core function of Federal Tax Ombudsman revolves around

    disposal of complaints of tax maladministration with transparent justice, visible

    independence, through investigation and within minimum possible timeframe.Currently Federal Tax Ombudsmen have stationed its headquarters at Islamabad with

    four regional offices at Karachi, Lahore, Quetta and Peshawar.

    The main objective of this study is to determine whether FTO fulfills theextent of obligations defined by the 2000 FTO Ordinance; what are FTO weak points,

    gaps and inefficiency based on the perception, experience and knowledge of personswho lodge complaints with FTO against taxation officials. To achieve these

    objectives, Transparency International Pakistan has prepared questionnaires which

    focus on structural and operational details related to stakeholders. For analyticalpurposes, Citizen Report Card (CRC) methodology has been deployed, which itself is

    a proven technique for public opinion analyses in relation to public sector services

    d li i Th CRC f th FTO f f th 2009 d

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    Analytically, data is providing various dimensions and highlighting various

    aspects of problems. It is not only exposing the most active business sector or

    exceptionally highlighted type of complaint due to continuous repetition which alsodepicts the ineffectiveness of FTO decisions at tax department level but it also shows

    the necessity of initiatives for BPR (Business Process Re-Engineering) at FTO officesto improve the response time, effectiveness of decisions and to control the

    maladministration. It is important to note that highest ratio of complaints aregenerated by small sized businesses which are playing vital role in the economy of the

    country. More precisely 56.7% complaints are related to the time management in FTO

    case resolution or decision while 24.3% complaints are again related to timemanagement inversely as it is related to the inefficiency of FTO offices. As mentioned

    earlier that highest ratio of complaints are submitted by small businesses. It is alsocross confirmed by a significant figurative of 48.3% complaints which are lodged by

    taxpayers who are not members of any trade body or chamber of commerce and

    industries, which depicts the need to enhance the service horizon beyond membershipat business platforms like chambers or trade bodies. Federal Tax Ombudsmen offices

    resolved 76% of cases submitted during year 2009 and 2010 which shows that by

    infusing the changes and improvements, FTO may become an active segment ofpublic sector which will not only enhance the confidence of taxpayers but also

    reduces the maladministration in various tax departments.

    CRC study of the FBR Offices reveals that 71 % complaints pertains to similar

    act of maladministration and FTO decides 77 % of the complaints ofmaladministration against the tax departments. But there is not a single case where a

    serious action is taken against the staff by awarding major penalties. All the FBR

    ffi i l b li th t FTO i f l i ti t th l d i i t ti i th

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    Contents

    ForewordExecutive Summary1. Introduction

    1.1 Federal Tax Ombud1.2 Federal Board of R

    2. Objectives and Scope of theReport2.1 Main Aim of the St

    3. Project Methodology: (CitizenReport Card Methodology)3.1 Designing of Quest3.2 Data Collection usi

    Sampling Techniqu3.3 Sample Selection P3.4 Project Execution a

    Implementation M

    4. General Taxpayers Information4.1 Introduction4.2 Taxpayers Complai

    Provinces and FTO4.3 Taxpayers Matrix

    5. Citizen Report Card Analysis5.1 Taxpayers Profiling5.2 Sample Taxpayers

    P i /FTO St ti

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    6. Citizen Report Card Analysisof FBR Offices

    7. Citizen Report Card Analysisof the Chambers, Trade Bodiesand Tax Associations

    8. Survey Key Findings9. Appendices

    Appendix-AAppendix-BAppendix-C

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    1. Introduction

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    1. Introduction:

    The main problem of the industry and business that concerns the taxation

    departments is the assumption of FBR that income tax is low, although revenue

    collection amounts to 38% of the total receipts. It is interesting phenomena that

    growth in industrial sector has decreased whereas the tax collection has increased

    except for the years 2008-09 to 2009-10 when industrial sector growth is 4.4% as

    income tax collection is up to 16.4% and 13.8% for both direct and indirect tax

    collection. Analysis shows that the common complaints of taxpayers are related to

    refund and rebate. Income taxpayers refund/rebate has increased by 9.9% whereas in

    indirect tax, FBR has not provided refunds/rebates. It has decreased by 18.0% in

    2009-10 as compared to 2008-09 (FBR, 2010).Once Chief Justice of Pakistan, in one

    of the cases on May 05, 2009 has remarked that The people of Pakistan have lost

    faith in the Income Tax Department. The loss of faith pointed out by the Chief Justiceis not limited to the Tax Department only (FBR 2010-11). Tax department has to

    work for the people and not against the people of Pakistan. They are all paid by the

    revenue collected via taxes.

    1.1. Federal Tax Ombudsman (FTO)

    I d t i li t d B i l d th t t t bli h th ffi f

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    Advisors(Regional Office)

    Quetta

    Advisors(Regional Office)

    Lahore

    Advisors(Regional Office)

    Peshawar

    Fig. 1.1: FTO Organogram

    1.1.2. Functions:

    The core function of Federal Tax Ombudsman revolves around disposal of

    complaints of tax maladministration promptly, justly, fairly, independentlyinvestigated, and to rectify any injustice done to taxpayers by the tax employees of

    Federal Board of Revenue, Revenue Division, Government of Pakistan.

    1. FTO Vision is to eliminate Tax Maladministration.

    2. FTO mission is to redresse Taxpayers Grievances.

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    Federal Board or Revenue (FBR) is the new name of Central Board of

    Revenue (CBR) which was created on April 01, 1924 through enactment of CentralBoard of Revenue Act, 1924. In 1944, a full fledge Revenue Division was created

    under the Ministry of Finance. After independence, this arrangement continued up to

    31st August 1960 when on the recommendations of the Administrative Re-

    organizations Committee, FBR was made an attached department of the Ministry of

    Finance. In 1974, the post of Chairman FBR was created with status of ex-officio

    Additional Secretary. The status of FBR as a Revenue Division was again restoredunder the Ministry of Finance on October 22, 1991. However, the Revenue Division

    was abolished in January 1995 and FBR reverted to the pre-1991 position. The

    Revenue Division continues to exist since December 01, 1998.

    1.2.1. Organization:

    The Secretary, Revenue Division / Chairman, FBR is assisted by the three

    Operations Members (Member Operations (Customs), Member Operations (Domestic

    Operations North) and Member Operations (Domestic Operations South), three

    support Members (Members Strategic Planning & Statistics) Member (Administration

    and Human Resource) and Member (Legal), three functional Members: Members

    (facilitation & Taxpayers Education),Member (Enforcement & Accounting) and

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    2. Objectives and Scope of the Report

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    2. Objectives and Scope of the Report:

    The overall objectives of this project are to undertake overview and analyze

    complaint information relevant to FTO, in order to contribute to the orderly

    management of tax related issues in Pakistan. The specific objectives of this project

    are to assess the accessibility, transparency, response time and appropriateness of the

    current information in respect of FTO so as to identify gaps, determine information

    requirements and future research needs as well as related problem identification.

    2.1 Main Aim of the Study

    The main aim of this study is to determine whether FTO fulfills the extent of

    obligations defined by the 2000 FTO Ordinance; what are FTO weak points, gaps and

    inefficiency based on the perception, experience and knowledge of persons who lodge

    complaints with FTO against taxation officials? This study therefore seeks to gather,review and where possible, analyze existing data relevant to the various taxpayers

    sectors in the four provinces of the country, in order to assess its values and

    implications for management. Data gaps will be identified and issues requiring

    research attention will be recommended. Improvement needs relevance to the

    accessibility, processing and analyzing of information required for resolution of

    l i

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    3. Project Methodology(Citizen Report Card Methodology)

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    3. Project Methodology:

    (Citizen Report Card Methodology)Citizen Report Card (CRC) technique is a proven survey technique. A survey

    solicits and aggregates user perception on quality of public services. Exact public

    accountability provides indicators to agencies and pressure for change. CRC targets

    feedback from the actual users of services regarding availability of service, access to

    the service, reliability of the service, quality of the service, satisfaction with service,

    responsiveness of service provider, hidden costs corruption and support system and

    quality of system. CRC initiative involves following steps:

    Identifying Scope and Purpose

    Designing Questionnaires

    Survey Sampling Technique

    Project Execution and Implementation Methodology. Data Analysis

    Dissemination of Findings

    CRC methodology is both quantitative and qualitative based on public

    opinion. Its general parameters related to sampling units, sample size and the method

    f d i h f li i l i d h d f i i

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    Survey Design

    The essential components of the survey design are:a. The target population is the number of

    Taxpayers

    Tax Bar Associations

    Tax Commissioners

    Chambers of Commerce and Industries

    b. Frame is defined as the list of Taxpayers,

    Tax Bar Associations

    Tax Commissioners

    Chambers of Commerce and Industries

    c. Frame(s) of the taxpayers.

    d. Sample Design: the design used is Stratified Sample Design using

    multi frame

    e. The pilot survey is conducted for the:

    validation of questionnaires

    determination of applicable statistical techniques

    pre-determined accuracy of the estimation of taxpayers

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    i) determine the size of sample at a pre-assigned

    probability levelii) validate the questionnaire

    iii) predict type of problems to be faced by interviewers.

    i..1.a.i.1.b. All interviewers are with training regarding maintaining the

    accuracy and secrecy of the responses.

    3.4 Project Execution and Implementation Methodology

    The questionnaire is filled-in by using interview technique from taxpayers at

    their respective locations through official investigators nominated by Social Research

    Centre (SRC). For statistical accuracy and implementation efficiency, SRC

    incorporates modern technological support in data analysis; the collected data is

    entered using SPSS (PASW Statistics 18, the latest version) software and after data

    refinement basic statistical techniques are employed including gap analysis.

    Basic Statistics: Average, Variations,

    Gap Analysis,

    Cross Tabulation, Graphs, and

    Reliability of Data.

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    4. General Taxpayers Information

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    4. General Taxpayers Information

    4.1 Introduction

    The city-wise number of complaints of registered with FTO regional offices

    during 2009 and 2010 is given in Table B-1 (Appendix-B).

    In Baluchistan, complaints are from two cities only viz. Chaman and Quetta.

    In Khyber PakhtunKhwa, complaints are received from 13 cities. There are 52

    complaints from the Province. Abbottabad and Peshawar cities have 22 complaints;

    the remaining complaints are from 11 cities (see Table B-1, Appendix-B).

    In Punjab, 1398 complaints are from 58 cities. The major complaints are from

    Lahore, which comes to 530 in two years. The second largest city is Faisalabad where

    182 complaints are lodged. The third city is Islamabad and fourth city is Jhang where

    101 complaints are lodged. The rank of the cities is presented in Table 4.1.

    Table 4.1: Selected Cities with Large No. of ComplaintsRank City No. of Complaints1. Lahore 5302. Faisalabad 1823. Islamabad 123

    h

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    The map of the cities of Pakistan along with a list

    of cities initiating more than 10 complaints in FTO inthe two years is presented in Fig. 4.2.

    Fig. 4.2: Location of cities of taxpayers who lodgedcomplaints

    with FTO Regional Offices

    1. Abbottabad

    2. Faisalabad

    3. Gojra

    4. Gujranawala

    5. Gujrat

    6. Hafizabad

    7. Islamabad

    8. Jhang

    9. Kamalia

    10.Karachi

    11.Kasur12.Lahore

    13.Mailsi

    14.Multan

    15.Narowal

    16.Peshawar

    17.Quetta

    18.Rawalpindi

    19.Sahiwal

    20.Sailkot21.Sargodha

    22.Sheikhupura

    23. Toba Tek Singh

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    4.2 Taxpayers Complaints by Provinces and FTO Stations

    In Baluchistan, there are only 15 complaints registered, two from Chaman and

    13 from Quetta. Of these 15 complaints, 7 complaints are in 2009 and 8 in 2010.

    Seven complaints in 2009 form Baluchistan are registered at Karachi station and in

    2010 the 6 complaints are lodged at Quetta station and 1 at Lahore station in 2010.

    In Khyber PakhtunKhwa complaints from thirteen cities are received. The

    total complaints are 22 in 2009 and 30 in 2010 showing a total of 52 complaints aremade from Khyber PakhtunKhwa. All 22 complaints are registered with the

    Islamabad station in 2009 and 30 complaints in 2010, as such all 52 complaints from

    Khyber PakhtunKhwa are registered with FTO Islamabad station.

    In Sindh, there are 263 complaints in 2009 and 299 in 2010 that brings the

    total to 562. Of these 263 complaints in 2009, 255 are registered with Karachi stationand 8 with Islamabad. Of 299 complaints in 2010, 290 complaints are registered with

    Karachi Station, 4 with Lahore, 4 with Islamabad and one complaint is registered with

    Quetta station.

    In Punjab, total numbers of complaints are 1398. Of 1938 complaints 518 are

    registered in 2009 and 880 in 2010. Of 518 complaints in 2009, 10 are registered with

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    b

    Sindh 545 4 12 1 562

    Total 597 1069 354 7 2027

    The cross tabulation of complaints from the provinces registered with FTO

    stations is at Table 4.1. There are 15 complaints from Baluchistan. Of 15 complaints

    from Baluchistan, 08 are registered with FTO Karachi, 01 with FTO Lahore and 06

    with FTO Quetta. Similarly, of 562 complaints from Sindh, 545 complaints are

    registered with FTO Karachi, 04 with FTO Lahore, 12 with FTO Islamabad and one

    complaint is registered with FTO Quetta. Similar situations occur with Kyber Pakhton

    Khwa and Punjab.

    A comparison of complaints by FTO stations and years is shown in Fig. 4.2

    and complaints by Provinces and years is shown in Fig. 4.3

    Fig. 4.2: Taxpayers Complaints before FTO by FTO Stations and Year

    Fig. 4.3: Taxpayers, Complaints before FTO by Province and Year

    In 2009, FTO received 818 complaints from taxpayers and in 2010 the total

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    4.3 Taxpayers Matrix

    There are 52 complaints from Khyber-PakhtunKhwa Province. All 52

    complaints are lodged with FTO Islamabad office. As such a sample of 50 from FTO

    Quetta cannot be taken. Instead, if we pool all complaints from Baluchistan and

    Khyber-PakhtunKhwa provinces together, we get 96 complaints of which 50 are to be

    selected for the survey. (Of 50 complaints only 7 complaints are registered with FTO

    Quetta office).There is no problem of selection of sample taxpayers from

    Rawalpindi/Islamabad, Lahore and Karachi Station (Table B-2).

    There has been a 50 percent increase in the taxpayers complaints from 2009

    to 2010. The major increases are at Lahore and Karachi stations. In Islamabad station,

    the size of complaints has decreased from 210 complaints to 145. In Lahore and

    Karachi combined, the complaints have increased from 601 cases to 1065 cases. It

    may be due to awareness of the FTO regional offices. The heavy burden is on Lahore

    and Karachi offices (Table B-2).

    Same situations prevail in provinces. The number of complaints from Punjab,

    complaints has increased from 518 to 880. In Sindh, this number has increased from

    263 cases in 2009 to 299 in 2010. Punjab and Sindh put together make 97% of total

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    5. Citizen Report Card Analysis

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    5. Citizen Report Card Analysis

    5.1 Taxpayers Profiling

    In order to provide the basic information on the authenticity and validation and

    execution of survey, it is essential for the project team to know the total sample units

    viz. taxpayers and their responses.

    The sample size proposed by TIP was 300 distributed according to FTO

    stations (Islamabad 50, Lahore 125, Karachi 75 and Quetta 50). A total of 300

    random numbers is generated from various cities of Pakistan. It is a common practice

    to select a sample portion of random numbers to be used as reserve sampling units. In

    addition to 300 random numbers, we selected 67 random numbers which are used as

    reserve. A total of 367 taxpayers are contacted and interviewed (See Table B-3, B-4,

    B-5 and B-6 of Appendix-B).

    The graphical presentation of the total complaints and selected sample for the

    year 2009, 2010 and combined is available in Fig. 5.1 (a, b and c).

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    Fig. 5.1(a): Total Complaints and Sample including Reserve (2009)

    Fig. 5.1(b): Total Complaints and Sample including Reserve (2010)

    Fig. 5.1(c): Total Complaints and Sample including Reserve (2009 & 2010)

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    At this stage, 50 cases could not be found from FTO Quetta office as there are

    only 7 complaints registered with the Station. Moreover, the total number of

    complaints registered from Balochistan is 15, as such; the sample size of 50 is not

    possible. Again of the 15 cases, 08 are registered with Karachi Station, 01 with

    Lahore and 06 with Quetta Station.

    Of the 367 taxpayers who are contacted, 248 give responses. For further

    details see Table B-8 and Table B-9 of Appendix-B. Other 119 cases either refused to

    answer or were untraceable. Table B-5 (Appendix-B) shows the details. The responses

    rate is 82.7% with respect to the proposed sample which is reasonable responses on

    international standards (Table 5.1).

    Table 5.1: Response Rate for the proposed Sample

    TO Station Target

    Achieved Percentage (%)

    Islamabad 50 51 102.0

    Lahore 125 126 100.8

    Karachi 75 70 93.3

    Quetta 50 1 2.0

    Total 300 248 82.7

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    The current status of the sample which is now 248 after the field work is due

    to

    i) less number of registered complaints with Quetta Station,

    ii) refusals/denials to respond

    iii) intractability of the taxpayers

    iv) complete closure of the companies

    v) non-operational status of the business

    vi) death of owners of the companiesvii) non-availability of taxpayers after 3 to 5 call backs

    viii) incomplete or wrong address

    5.2 Sample Taxpayers Complaints by Province/FTO Stations

    The sample complaints lodged with the four FTO Stations are given in Table

    5.2 and Fig. 5.3.

    Table 5.2: Distribution of the Sample FTO Station

    FTO Station Year Total

    2009 2010

    Sample Sample Received

    Islamabad 20 31 51

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    2009 2010

    Received Received Received

    luchistan 4 2 6yber PakhtunKhwa 2 7 9

    njab 52 114 166

    nd 32 35 67

    Total 90 158 248

    Fig. 5.4: Distribution of the Sample - Provinces

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    5.3 Taxpayers Business Categories

    There are three categories of taxpayers in the study; large, medium or small insize. The frequency function of category of tax payers business is given at Table B-12

    of Appendix-B.

    The percentages of business category are given in Table 5.4 and Fig. 5.5.

    Table 5.4: Category of the Taxpayers

    Category Percentage (%)Large 16.1

    Medium 30.9

    Small 51.4

    N/A 1.6

    Total 100

    Fig. 5.5: Percentage of Category of the Taxpayers

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    Aforementioned table shows the major category in taxpayers sample is from

    small sized business organizations. There are about 16.1% large businesses, 30.9% are

    of medium size and 51.4% are of small size. The diagram of percentages of business

    category is given in Fig. 5.6.

    Fig. 5.6: Percentage Distribution of Category of Taxpayers Business

    It shows that larger companies are very few as compared to small companies.

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    5.4 Taxpayers Business Type

    The percentages of types of businesses of taxpayers are given in the Table 5.5.For frequency function see Table B-13 of Appendix-B.

    Table 5.5: Type of Business of the Taxpayers

    Type of Business Percentage (%)Manufacturer 46.1

    Service provider 35.1

    Whole Sale dealers 6.1Retailers 5.7

    Importers 13.1

    Exporters 5.7

    The largest percentage of business type is manufacturing and is 46.1% of all

    types of business. The service providers are 35.1% and other types of business are

    small. Importers are 13.1% whereas exporters are only 5.7%.

    Diagram showing relative closeness to the type of business (Fig. 5.7).

    Fig. 5.7: Percentages of Type of Business of the Taxpayers

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    5.5 Taxpayers Business Form

    In case of form of business or ownership type, 52.2% are sole proprietors ofbusiness, 21.2% are associations of persons and only 15.9% are the private limited

    companies

    (Table 5.6 and Fig. 5.8). For frequency of the form of the business see Table B-14 of

    Appendix-B.

    Table 5.6: Form of Business of the Taxpayers

    Type of Ownership Percentage (%)Sole Proprietor 52.2

    Firm 4.1

    Association ofPersons

    21.2

    Private LimitedCompany

    15.9

    Public LimitedCompany

    2.4

    Not Applicable 4.1

    Total 100

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    5.6 Taxpayers Business Age

    It is important to find that very few companies are new whereas 75.2% ofcompanies were established more than 5 years ago. The average age of the companies

    is about 7 years. Table 5.7 and Fig. 5.9 show the relative age of companies. For

    frequency function of the age of the business of the taxpayers see Table B-15 of

    Appendix-B.

    Table 5.7: Age of Companies

    Age Percentage (%)

    Less than one year 0.4

    More than a year but lessthan 5 years

    20.2

    More Than five years 75.2

    Not Applicable 4.1

    Total 100

    Fig. 5.9: Percentage of the Age of Companies

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    5.7 Taxpayers Tax/Duty Types

    Almost all companies pay income tax, more than 54.9% companies pay salestax and 29% custom duty and 15% pay federal excise duty. However, many

    companies pay all type of taxes and duties. The Table 5.8 shows the distribution of

    companies who pay taxes/duties. For the frequency function See Table B-16 of

    Appendix-B.

    Table 5.8: Type of Taxes / Duties Paid by the Taxpayers

    Type of tax/duty Percentage (%)Income Tax 95.9

    Sales Tax 54.9

    Custom Duty 28.9

    Federal ExciseDuty

    15.0

    The graphic presentation of the type of taxes / duties is as under (Fig. 510):

    Fig. 5.10: Distribution of Type of Taxes/Duties

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    5.8 Taxpayers Memberships/Associations

    The companies generally become members of some type of Associations,Trade Bodies and / or Chamber of Commerce and Industries. The information given

    by the Companys owners in the sample is given in the Table 5.9 and Fig. 5.11 (See

    Table B-17 of Appendix-B).

    Table 5.9: Membership of Chambers/Trade bodies

    Membership of Percentage (%)

    No Associations 48.3Chambers ofCommerce

    46.9

    Other TradeBodies

    4.7

    Total 100

    Fig. 5.11: Percentage of the Membership of Chambers / Trade Bodies

    48.3% of the taxpayers are not members of any association, however about

    46.9% are members of the Chambers of Commerce and Industries. And only 4.7% are

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    Table 5.10: Membership of Chambers/Trade bodies Taxpayers Category

    Catego

    ry

    Membership

    Chamberof

    Commerce

    NoAssociati

    on

    OtherTradeBodies

    Large 25.0 2.9 11.2

    Medium

    35.4 27.5 44.4

    Small 39.6 65.7 44.4N/A 0 3.9 0

    Total 100 100 100

    Fig. 5.12: Membership of Chambers/Trade bodies Taxpayers Category

    Of the 109 taxpayers member of a trade body (Table B-17 of Appendix-B),

    only 39 admitted that they were helped by their respective trade bodies (Table B-33 of

    Appendix-B).

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    5.9 Taxpayers Perception on FTO Services

    5.9.1 Taxpayers Complaints and their Nature of Complaints

    The followings are some of the complaints that taxpayers lodged with FTO:

    Refunds

    Inordinate delay in responses

    Wide spread maladministration

    Non-observance of mandatory time limits

    Non-response of taxpayers correspondence

    Low priority of dispute resolution

    Inconsistent decisions

    Discriminatory and high handed treatment

    Loss of files and records

    Weak defense of issues by FTO employees Tax fraud cases: Inefficient handling of cases

    Misuse of information and informers

    The nature of complaint amounts to the maladministration of Government

    departments. In the opinion of taxpayers, the most frequent complaints are of refunds

    and of maladministration. The delay is generally considered by taxpayers as delay in

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    Table 5.11: Nature of Maladministration Faced by Taxpayers

    Maladministration Percentage (%)

    Delay 56.7Inefficiency 24.3

    Arbitrariness 8.9

    Harassment for corruptmotives

    6.9

    Other 14.2

    Fig. 5.13: Percentage of Nature of Maladministration Faced by Taxpayers

    The main complaint is inordinate delay in refund and decision making and

    inefficiency in dealing with the cases. Inefficiency increases delay. However,

    taxpayers seem to be satisfied with FTO except the cases where decisions taken are

    delayed.

    The incidences of delay are more common for income tax payers who are sole

    proprietors and manufactures. For the frequency function of this variable and its cross

    tabulation with contingencies like type of business, taxes paid, form of business,

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    5.9.2 Taxpayers Redress Grievances

    When taxpayers lodge a complaint directly or through a consultant, they firstcontact one of the following person or institution:

    Officer causing in grievances

    Some officer in FBR

    FTO

    Courts

    Other like Trade Bodies, Tax Bar Associations

    or Chamber of Commerce and Industries

    The Table 5.12 shows the percentage of persons who approached the above

    offices. For the Frequency function see Table B-25 of Appendix-B.

    Table 5.12: First Contact for Redress of Grievances

    The Contact Percentage (%)Officer causing thegrievance

    41.6

    FBR 18.1

    FTO 38.7

    Courts 1.2

    Others 0.4

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    About 90.6% of taxpayers are satisfied with the staff behavior (Table B-37 of

    Appendix-B). It shows that undue favor is not asked for as they are satisfied with the

    staff behavior. It is further strengthened by the fact that in the 48% complainants

    opinion, the FTO performance rate is excellent and 40% say that their performance

    rate is good. It shows that about 88% of taxpayers are satisfied with FTOs rate of

    performance (Table B-38 of Appendix-B). This is also due to the fact that 87.4% of

    the taxpayers did not used any references within FTO and 85.8% did not used any

    agent or broker at FTO (Table B-32, B-34 of Appendix-B and Fig. 5.16 and Fig. 5.17).

    Fig. 5.16: Reference used by the taxpayers within FTO

    Fig. 5.17: Agent or Broker used by the taxpayers at FTO

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    5.10 FTO Response Time by Province

    FTO takes three different steps in findings the solution to the complaints; thefirst step is the responding to the complaints, second step is the investigation and

    solving the problems and third step is final findings or the decisions by FTO.

    The mean response time of taxpayers complaints comes to 4.8 weeks for

    Baluchistan, 8.3 weeks for Khyber PakhtunKhwa, 5.9 for Punjab and 10.6 weeks for

    Sindh Province (Table 5.13 and Fig. 5.18).

    Table 5.13: Response Time of FTO - Provinces

    Province Average Response Time(Weeks)

    Baluchistan 4.8

    Khyber

    PakhtunKhwa

    8.3

    Punjab 5.9

    Sindh 10.6

    Source: Table B-48 of Appendix-B

    Fig. 5.18: Average Response Time of FTO - Provinces

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    Baluchistan taxpayers register their complaints with FTO Karachi Station in

    2009 and FTO Quetta Station in 2010. FTO takes 4.8 weeks to respond complaints

    from Baluchistan whereas complaints from Khyber PakhtunKhwa are responded in

    8.3 weeks as they register their complaints with FTO Islamabad station. Once FTO

    Peshawar Station becomes fully operational the response time for Khyber

    PakhtunKhwa will be reduced.

    Taxpayers believe if the first response to the receipts of their complaints are

    acknowledged instantly by email the redressing time of complaints will be drastically

    reduced.

    A study of the FTO stations performance regarding first response time shows

    that FTO Quetta station is the most efficient station in responding the taxpayers

    correspondence. But this is due to no workload in Quetta whereas Karachi station

    takes much longer time of 10.5 weeks in responding taxpayers correspondence.

    Lahore and Islamabad stations take about 6 weeks each (Table 5.14 and Fig. 5.19).

    Table 5.14: Response Time for the Four FTO Stations

    FTO Station Average Response Time(weeks)

    Islamabad 5.8

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    provinces. Punjab takes minimum time in its final decision. The following table

    shows the total time taken by FTO by Provinces (Table 5.15 and Fig. 5.20).

    Table 5.15: Total Average Net Time for Final Decisionfor complaints from Provinces

    Province Total Average Time (In weeks)Baluchistan 30.6

    KhyberPakhtunKhwa

    33.6

    Punjab 26.5Sindh 48.1

    All Provinces 32.5

    Fig. 5.20: Average Net Time for Final Decision from Provinces

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    Total time for complaints for Sindh takes 48.1 weeks and for Punjab, it takes

    26.5 weeks. In respect of regional offices, the average times for final decision for the

    four FTO stations are given in Table 5.16 and Fig. 5.21.

    Table 5.16: Total Average Net Time for Final Decisions by FTO Stations

    FTO Stations Total Average Time (in Weeks)Islamabad 28.6

    Lahore 26.7

    Karachi 47.6

    Quetta 13.0All Station 32.5

    Fig. 5.21: Average Net Time for Final Decision by FTO Stations

    Quetta stations takes only 13.0 weeks in its final findings. It is because thestation does not have many complaints and moreover it is a newly established one and

    only 7 complaints were registered with Quetta Station during the year 2010. Lahore

    station takes 26.2 weeks in disposing of a large number of complaints. Karachi station

    seems to take a longer time of 47.6 weeks in deciding the cases. Some steps have to

    be taken in reducing the total time in all stations.

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    5.12 FTO Response- Quality

    The response quality is defined as the positive behavior of staff or Advisorsand FTO officers interest. Good and satisfactory response quality accounts for 93.5%

    cases. Only 6.5% taxpayers are not satisfied with FTO (Table B-56 of Appendix-B).

    Response quality is good because FTO shows interest in solving the cases, though

    there are some complaints of delay and inefficiency.

    Table 5.17 and Fig. 5.22 show the taxpayers satisfaction with FTO working:

    Table 5.17: Response Quality at FTO to the Taxpayers

    Quality Percentage (%)Good 61.9

    Satisfactory 31.6

    Non-Satisfactory

    6.5

    Total 100

    Fig. 5.22: Percentage of Response Quality at FTO to the Taxpayers

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    In case of question about FTO office lack of interest in taxpayers complaints,

    the taxpayers are satisfied with FTO working and confirm that FTO does not show

    lack of interest in their cases. Table 5.18 and Fig. 5.23 show the taxpayers opinion on

    FTO lack of interest.

    Table 5.18: FTO Office Lack of Interest in Solving Taxpayers Matters

    Lack ofInterest

    Percentage (%)

    Yes 13.9

    No 86.1

    Total 100

    Fig. 5.23: Percentage Lack of Interest in Solving Taxpayers Matters of FTOOffice

    Very few taxpayers complains for lack of interest of FTO officials (13.9%)

    (Table 5.18 and Fig. 5.23). However FTO Officials interest needs to be improved.

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    5.13 Taxpayers ProblemsFTO Stations

    There are some problems faced by a small number taxpayers at FTO regionalstations. About 20% taxpayers faced the following types of problems at FTO offices:

    do not lodge complaint immediately.

    are not present at the time of taxpayers visits.

    do not guide properly,

    However, most of the taxpayers do not face any problem by them at FTO.

    Table 5.19 and Fig. 5.24 show the details of the problems.

    Table 5.19: Problem faced by the Taxpayers at FTO

    Problem Percentage (%)Didn't lodge thecomplaint

    7.0

    Staff was not present 1.7Didn't guide properly 6.1

    Others 5.2

    No Problem / NA 79.9

    Total 100

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    5.14 Taxpayers Referral Favors FTO Stations

    In order to expedite cases, it is customary to approach someone within thedepartment. It is seen that 87.4% did not use any reference within FTO (Table 5.20

    and Fig. 5.25) and 83.5% did not contact any person at FTO for any favor (Table

    5.22).

    Moreover, taxpayers did not hire any agent or broker at FTO offices Tables

    5.20, 5.21 and 5.22).

    Table 5.20: Reference Used by the Taxpayers

    Used Reference Percentage (%)Yes 12.6

    No 87.4

    Total 100

    Fig. 5.25: Percentage of Reference Used by the Taxpayers

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    Table 5.21: Agent or Broker Used by the Taxpayers at FTO

    Used Agent/ Broker Percentage (%)

    Yes 14.2No 85.8

    Total 100

    Fig. 5.26: Percentage of Agent or Broker Used by the Taxpayers at FTO

    Table 5.22: Contact Person at FTO asked Favor from the TaxpayersAsked FTO Person Percentage (%)

    Yes 16.5

    No 83.5

    Total 100

    Fig. 5.27: Percentage of Contact Person at FTO asked Favor from the Taxpayers

    Taxpayers consider FTO officials have high integrity by not asking for any

    favour from the taxpayers (83.5%). However, a very number of officials ask for

    favour (16.5%).

    5.15 Taxpayers Complaint Forwarding Help Trade Bodies

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    If N/A is added to No, then 82.6% did not get help from any trade institution.

    This may be also due to the hiring of lawyers / consultants to represent their cases

    before FTO offices as more than 86% taxpayers have hired the serviced of lawyers

    and consultants (Table B-33 of Appendix-B).

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    5.16 Taxpayers Complaint Results Summary

    It is the opinion of taxpayers that FTO solved more than 76% of complaintswithin

    the average time period, however only 5.0% complaints are pending and proceedings

    of 11.3% complaints are under way and may lie with active consideration of the FTO

    officials (Table 5.24 and Fig. 5.29).

    Table 5.24: Final Results of the Taxpayers Complaints

    Complaints FinalResults

    Percentage (%)

    Pending 5.0

    Proceedingsunderway

    11.0

    Matter solved 76.0

    Others 8.0

    Total 100Source: Table B-36 of Appendix-B

    Fig. 5.29: Percentage of Final Results of the Taxpayers Complaints

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    5.17 FTO Performance Rating by Taxpayers

    The candid opinion of taxpayers seems to be in favor of the good FTOperformance. 87% of taxpayers appreciate the good performance of FTO. Only 3.6%

    of taxpayers consider poor performance of FTO officers. Taxpayers have high opinion

    about FTO Office performance.

    Table 5.25: Taxpayers Rating about Performance of FTO

    FTO Offices Rating Percentage (%)Excellent 47.6

    Good 39.5

    Average 9.3

    Poor 3.6

    Total 100

    Fig. 5.30: Percentage of Taxpayers Rating about Performance of FTO

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    5.18 FTO Findings about Taxpayers Complaints

    FTO findings are of two types, the findings are against the taxpayers or it isagainst the department. FTO decide 89% of cases in favor of the taxpayers who

    appreciate the FTO performance. There are only 5.3% cases where FTO decision is in

    favor of FBR or its departments.

    Table 5.26: Final Findings of FTO to the Taxpayers Complaints

    Finding Percentage (%)

    Decided the case intaxpayer favor

    89.0

    Decided the complaint inDept. favor

    5.3

    Others 5.7

    Total 100

    Fig. 5.31: Percentage of Final Findings of FTO to the Taxpayers Complaints

    Taxpayers have high opinion (93.5%) about the FTO competency in their

    responses (Table 5.17) regarding time to resolve their complaints (32.5 weeks) (Table

    B-51) their excellent performance rating (87%) (Table 5.25) and deciding cases in

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    5.19 Post Findings Scenario

    Once the taxpayers receive final verdict on their complaints, the resultsregarding implementation of findings are summarized in Table 5.27 and Fig. 5.32.

    Table 5.27: Post Findings Scenario

    After Findings Percentage (%)asked the tax department to

    t findings77.7

    Filed Review 2.7review against FTO findings 8.0

    n in review/representation 1.8

    lement the review/Dept. decision 9.8

    Total 100

    There are 5 different types of questions laid down in Table 5.27.

    Fig. 5.32: Percentage of Post Findings Scenario

    In case of final decision, 89% cases where FTO decides in favour of taxpayers

    (Table 5.26), FTO asked the tax departments to implement the findings. In cases tax

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    Staff Behavior

    Performance Rating

    For each of the above quality factor, we compare the quality responses of

    Provinces. Table B-56 of Appendix-B shows that Baluchistan Province is less

    satisfied with FTO responses. The taxpayers from Baluchistan file their cases with

    FTO Karachi Station. The number of taxpayers are very small to provide real

    opinions. Other Provinces are satisfied with FTO responses. Balochistan is satisfied

    with FTO staff behavior (Table B-57 of Appendix-B) and taxpayers from other

    provinces are also satisfied with FTO staff behavior. Moreover all provinces rated

    FTO high except only 3.6% taxpayers rated FTO poor (Table B-58 of Appendix-B.

    The response quality, staff behavior and FTO performance rating of FTO

    offices are excellent irrespective of FTO Stations (Table B-59, B-60 and B-61), the

    three taxpayers categories (Table B-62, B-63 and B-64) and form of business (Table

    B-65, B-66 and B-67).

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    6. Citizen Report Card Analysis ofFBR Offices

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    The frequency function of the FBR department is shown in the Table 6.2 and

    graphically represented in Fig. 6.1. It may be noted that only 03 offices head the

    Custom Department.

    Table 6.2: FBR DepartmentsFBR

    DepartmentsFrequency

    Income Tax 17

    Sales Tax 17

    Customs 03Federal Excise 16

    Fig. 6.1: FBR Department

    The information about the number of complaints filed before the FTO against

    maladministration of tax employees for the last three years is shown in the Table 6.3

    and is also presented graphically in Fig. 6.2.

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    Table 6.3: Number of Complaints against Tax Employees

    No of

    Complaints/Year

    Frequency

    2008 2009 2010

    1 to 50 7 9 12

    51 to 100 3 3 3

    Morethan 100

    2 1 3

    None 9 8 3

    Total 21 21 21

    Fig. 6.2: Number of Complaints against Tax Employees

    As per the figures provided by the responding offices, 2463 complaints were

    filed before FTO against maladministration of employees in the year 2008. This

    number for the year 2009 and 2010 is 522 and 1087 respectively. The total number of

    complaints filed before FTO for the three years is 4072. These numbers are

    graphically presented in Fig. 6.3. The office-wise detail is available in Table B-69 of

    Appendix-B.

    Figure 6.3: Number of Complaints filed before FTO against the

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    The percentage of complaints against frequent recurrence of similar acts of

    maladministration is presented in the Table 6.5 and graphically shown in Fig. 6.5.

    Table 6.5: Complaints regarding similar acts of Maladministration

    imilar acts of maladministration(Percentage %)

    Frequency

    to 25 04

    6 to 50 04

    1 to 75 006 to 100 04

    None / N.A. 09

    Fig. 6.5: Complaints regarding similar acts of Maladministration

    Through the percentages provided by each of the office the actual number of

    complaints can be estimated. Table 6.6 presents this estimation. It can be observed

    from this table that 2898 complaints out of the total 4072 complaints i.e. 71.18

    percent pertains to similar act of maladministration. This is also shown graphically in

    Fig. 6.6.

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    Table 6.6: No. of Complaints Pertaining to Similar Acts of Maladministration

    he Office Total Complaints Similar Nature

    % FLTU Karachi 3

    rachi 1

    ports 15

    Legal LTU - -

    rachi 29 10

    194 25d Bin Qasim 3 25

    39

    1103 45

    a 116 87

    49 50

    247 49

    1876 98 1

    124 96

    145 98

    100

    21 6

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    The number of complaints can be similarly estimated. Table 6.8 presents this

    estimation and it can also be observed from the table that 3141 complaints out of the

    total 4072 complaints. In other words 77.13% of the complaints have been decided

    against the department (Fig. 6.8)

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    Table 6.8: Complaints Decided Against the Department

    he Office Total Complaints Decided Against the Departm

    % FLTU Karachi 3 30

    rachi 1

    ports 15 70

    Legal LTU

    rachi 29 45

    194 95d Bin Qasim 3 75

    39 10

    1103 55

    a 116 10

    49 20

    247 55

    1876 98 1

    124 96

    145 80

    100 80

    21 29

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    The more important issue in this regard is the action taken against tax

    functionaries involved in maladministration. When the responding offices are asked

    what they would do in case a complaint is decided in favour of the tax payers, their

    answer to the four options is shown in Table 6.9 and also shown graphically in Fig.

    6.9.

    Table 6.9: Response in case the complaint is decided against the Department

    No. ofResponses

    Yes

    19 19

    19 6

    19 7

    19 1

    Fig. 6.9: Response in case the complaint is decided against the Department

    This can be observed from the above table that all offices say that they would

    implement the findings. About one third of the offices also ticked the options to file a

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    Similarly, when these offices are enquired about their response in case FTO

    office recommends disciplinary action against the tax functionaries working under

    them, almost all the offices claim that they would take disciplinary action in right

    earnest (Table 6.10). The graphically representation is also shown in Fig. 6.10.

    Table 6.10: Response in case FTO recommends disciplinary actionagainst a tax functionary

    No. of Responses Yes19 19

    19 1

    19 1

    19 0

    Fig. 6.10: Response in case FTO recommends disciplinary actionagainst a tax functionary

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    However, the above claims needs to be validated by the actual action taken

    against the tax functionaries involved in maladministration causing grievances to the

    tax payers. There are 29 incidences during calendar year 2009 where FTO

    recommended disciplinary action against the staff. Table 6.11 shows the name of these

    offices along with the number of such recommendations. This is also graphically

    presented in Fig. 6.11.

    Table 6.11: Case where FTO Recommends Disciplinary Action

    Name of theOffice No of Cases

    Paces 1

    RTOFaisalabad

    2

    RTO Karachi 7

    RTO Lahore-I 19

    Total29

    Fig. 6.11: Case where FTO Recommends Disciplinary Action

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    In response to the question about action taken against the staff reported guilty

    of tax maladministration by the FTO Office, there is not a single case where they took

    serious action against the staff by awarding major penalties. Table 6.12 presents the

    action taken against the decisions. In one case review/representation against was filed.

    In 9 cases the staff was let off with minor penalty and there are 19 cases where no

    specific action has been reported. Rather than responding specifically; RTO Lahore-I,

    that reports 19 cases where FTO recommended disciplinary action, stated that they

    'Award major/minor penalty under E&D Rules depending on circumstances of each

    case and extent of maladministration. The percentages of the offices taking various

    actions is graphically shown in Fig. 6.12.

    Table 6.12: Response in case FTO Recommends Disciplinary Actionagainst a Tax Functionary

    Type of Responses (No. of decisions)

    Filed Review/Representation against the Findings

    Let off your staff with minor penalties

    Took serious action against the staff and awardedmajor penalties of removal

    Other

    Not Applicable

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    None of the office thinks that FTO is not useful in rooting out the tax

    maladministration. In fact about 21 percent believe FTO be highly useful and about

    79 percent believe that FTO is useful in rooting out the maladministration in the

    Government offices (Fig. 6.13). The lack of action taken tax functionaries may be due

    to some other factors that further needs to be investigated.

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    7. Citizen Report Card Analysis of the

    Chambers, Trade Bodies and TaxAssociations

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    7. Citizen Report Card Analysis of the Chambers,Trade Bodies and Tax Associations

    The questionnaire (PartC, Appendix-A) includes the input of various

    organizations Pakistan like Chambers of Commerce, Tax Bar Associations and other

    Trade Bodies. As per design of the survey the response from the 28 such associations

    has to be obtained via email. The questionnaire was mailed to 24 associations, as 4

    sales tax bars (for Islamabad, Lahore, Peshawar and Quetta) mentioned in the original

    list of 28 do not exist.

    The list of the organizations to which the questionnaire has been mailed is

    presented in the Table 7.1. There are twelve Chambers of Commerce, seven Tax Bars

    Associations and five trade bodies in this list.

    Table 7.1: List of the Chambers or Associations targeted for the Survey

    Sr#

    Name of Chamber / Association

    1 FPCCI

    2 KCCI

    3 LCCI

    4 FCCI

    5 Quetta Chamber of Commerce and Industry

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    The Response rate for the email survey from the above organization is very

    low. It may be concluded that without formal contact and physical /telephonic

    interaction there are less chances to collect reasonable number of responses upon

    which a statistical analysis can be performed.

    After several reminders only two responses, one from Islamabad Chamber of

    Commerce and Industry and one from Quetta Income Tax Bar Association have been

    received. Then after some telephonic contacts two more responses, one from Lahore

    Income Tax Bar and one from Karachi Custom Agents Associations are received.

    Three other associations promise to email the questionnaire, but these are not

    forthcoming.

    However, on the basis of the four questionnaires received and the telephonic

    conversations with the Presidents / General Secretaries of the above associations; and

    by virtue of the findings of the main survey from taxpayers all over the country,following points are important:

    1. We know that 48 % of the taxpayers complaining in FTO are not

    members of any trade/business association (Section 5.8). Out of the 52

    % taxpayers having such membership, only 17.4 % (Section 5.14)

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    8. Survey Key Findings

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    8. Survey Key Findings

    STRUCTURAL

    1. FTO to take care of a

    large number ofcomplaints from

    Hyderabad, Sindh,

    Faisalabad, Jhang,Punjab and

    Abbotabad andPeshawar, Khyber

    PakhtunKhwa.

    2. FTO to encourage

    Trade Bodies andChambers of

    Commerce andIndustries to help

    Taxpayers in

    presenting theircases before FTO.

    3. Awareness required

    regarding FTO

    function for tax

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    cases.

    8. There are a very few

    complaintsregistered with FTOQuetta Office.

    9. Complaint relevantdata collection

    (taxpayers address,contact etc.) process

    in not properlydeveloped at FTOoffices e.g. nature of

    complaints asrecorded are not

    clear.

    10. All FTO offices

    operation time indeciding complaints

    has reduced in 2010.

    11. All FTO offices have

    become moreefficient in 2010 as

    compared to 2009.

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    to the fear of FTO,Taxpayers and

    complexity of thequestionnaire

    17. 41.6% respondents

    first contact the

    officer causing thegrievances.

    18. 48.3% of taxpayers

    are not members ofany Trade Body /Association.

    19. 76% of Complaints

    are resolved by FTO.

    20. 87.1% of taxpayers

    give good rating toFTO performance.

    21. 89% of complaints

    are decided by FTOin taxpayers favour.

    22. Taxpayers have high

    opinion (93.5%)

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    proceedingunderway with FTO

    (Table 5.24). Effortscan be made to

    improve the system

    to minimize toimprove the system

    to minimize thepending cases.

    25. Taxpayers considerFTO officials have

    high integrity by notasking for any

    favour from thetaxpayers (83.5%).

    However, a few

    number of officials

    ask for favour(16.5%).

    KEY FINDINGS IN RESPECT OF FBROFFICES

    26. FBR offices delaysthe implementation

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    FTO-the President.

    31. In 100% cases(Table 6.10), FBRclaims disciplinary

    action against tax

    functionariesinvolved in

    maladministration,

    but out of 29 casesof disciplinary

    actionsrecommended by

    FTO (Table 6.11), noserious disciplinary

    action was taken

    (Table 6.12).

    32. FBR officialsconsider FTO offices

    as very useful for tax

    departments inrooting out

    maladministration.

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    APPENDICES

    Appendix A: QuestionnairesAppendix B: Statistical Tables

    Appendix C: FTO Offices

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    Appendix-AQUESTIONNAIRES

    Date:

    Nature of Complaints:

    Name of the Interviewer:

    Name of Respondent:

    Location of the Tax Payer:

    Part A: (Questionnaire to be filled by Taxpayers)

    Large taxpayerMedium taxpayer

    Small taxpayer

    Manufacturer

    Service ProviderWholesale Dealer

    RetailerImporter

    Exporter

    S l P i t

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    Delay

    Inefficiency

    ArbitrarinessHarassment for corrupt motivesOther (Please specify)

    Officer supervising the tax functionary responsible for causing the grievancesFBR

    FTOCourts

    Other (Please specify..)

    Q9. When did you last file a complaint before FTO?

    Islamabad

    LahoreKarachi

    Quetta

    Advisor

    Registrar / DirectorDeputy Registrar/DD,

    Staff

    Other (Please specify..)

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    Yes

    No

    Yes

    No

    Pending

    Proceedings underwayMatter solved

    Others (Specify..)

    In a week time

    1 to 3 MonthsBetween six months and a year

    Others (Please specify)

    SatisfactoryNon-satisfactory

    Q23. Keeping your past experience in mind, how would you rate the performance of the FTO

    Excellent

    GoodAverage

    Poor

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    Yes

    No

    Decided the complaint in your favour

    Decided the complaint in favour of the Department

    Other (Specify..)

    You asked the Tax Department to implement the favourable FindingsYou filed Review in case the Findings were not in your favour

    The Department filed Review/Representation against Findings of the FTOHow long did it take to decide Review/Representation

    Did the Department implement the decision in Review/Representation

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    Part B (Questionnaire to be filled in by Collectors/Commissioners on FTO)

    Income TaxSales TaxCustoms

    Federal Excise

    Q2. How many complaints are annually filed before the FTO against maladministration of taxemployees working under you? (Please give figures for the last three years beginning 2008)

    Q3. What is the percentage of complaints against frequent recurrence of similar acts of

    maladministration?

    Q4. What is the percentage of complaints decided against the Department?

    Implement the Findings

    File Review Petition before FTOFile Representation before the President

    Explain to the FTO Office the reasons for which the Findings cannot be complied with

    Q6. What is your response in case FTO Office recommends disciplinary action against tax

    Take disciplinary action in right earnestEffectively punish the tax functionaries guilty of tax maladministration

    Let off the tax functionaries with minor penalties and censures only

    Dislike recommendations of disciplinary action against staff

    Q7. In how many complaints, the FTO recommended disciplinary action against your staff during

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    Top

    Medium

    Low

    Q3 Does your Chamber/ Association approach the tax department/ FTO on behalf of the

    Yes

    No

    Q4. Does your Chamber/ Association hire/affiliate with professional bodies to take up such matters

    YesNo

    Q5. How many tax related complaints your Chamber/ Association had submitted to relevant tax

    departments/ FTO on behalf of the companies in the last two years?2009 ________

    2010 ________

    Q6. Through your Chamber/ Association, how many tax related complaints were resolved by

    relevant departments in the last two years?2009 ________2010 ________

    Less than a week

    Within Four weeksMore than one month

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    Appendix-BSTATISTICAL TABLES

    Table B-1: Population Distribution by CitiesProvince City Year

    2009 2010 Total

    Baluchistan Chaman 0 2 2

    Quetta 7 6 13

    Khyber PakhtunKhwa Abbottabad 4 7 11

    Attock 1 1 2

    Bannu 3 1 4

    Charsadda 1 0 1

    Haripur 4 1 5

    Kohat 0 5 5

    Landi Kotal 1 0 1

    Mansehra 2 2 4

    Mardan 0 2 2

    Nowshera 1 3 4

    Peshawar 4 7 11Sawabi 0 1 1

    Upper Dir 1 0 1

    Punjab Bahawalnagar 1 1 2

    Bkalwal 1 0 1

    Bhakkar 1 1 2

    Bahawalpur 0 3 3

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    Province City Year

    2009 2010 Total

    Lodhran 1 2 3

    Mailsi 2 9 11

    Mandi Bahawal Din 0 1 1

    Mianwali 1 3 4

    Multan 9 7 16

    Muridkey 2 5 7

    Muzaffargarh 1 2 3

    Nankana Sahib 2 5 7

    Narowal 5 7 12Okara 4 3 7

    Pakpattan 1 0 1

    PindiBhattian 1 1 2

    Pirmahal 1 0 1

    Pottoki 0 1 1

    Rahim Yar Khan 5 0 5

    Rajanpur 1 1 2Rawalpindi 14 25 39

    Renala Khurd 1 0 1

    Sadiqabad 3 1 4

    Sahiwal 9 2 11

    Sailkot 5 11 16

    Sambrial 0 1 1

    S g dh 8 7 15

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    Table B-2: Taxpayers Matrix by Province and FTO StationsGrand Total

    Islamabad Quetta Total Karachi Lahore Islamabad

    0 0 7 1 1 0

    22 0 22 0 0 30

    8 0 263 290 4 4

    179 0 518 34 735 111

    209 0 810 325 740 145

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    Table B-3: Population Complaints by FTO Stations and YearFTOStati

    on

    The Population(FTO Station Contacted)

    2009 2010 Total Percentage(%)

    Islam

    abad

    210 145 355 17.5

    Lahor

    e

    328 740 1068 52.7

    Karachi

    272 325 597 29.5

    Quett

    a

    0 7 7 0.3

    Total 810 1217 2027 100

    Table B-4: The Sample Complaints by FTO Stations and Year

    FTOStation

    The Sample(including reserves)

    2009 2010 Total Percentage(%)

    Islamabad

    43 40 83 22.6

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    FTOStation

    The Sample(including reserves)

    2009 2010 Total Percent

    age (%)Baluchistan

    8 7 15 4.1

    KhyberPakhtun

    Khwa

    12 14 26 7.1

    Punjab 74 143 217 59.1

    Sind 47 62 109 29.7Total 141 226 367 100Percentage (%)

    38.4 61.6 100.0 -

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    Table B-7: Questionnaire Response Nature

    Response Freq Percentage (%)

    248 67.6

    Denials 45 12.3

    le* 74 20.2

    Total 367 100

    g a) Incomplete address or wrong names orb) Shifted to unknown location or

    c) Business closed or

    c) Died

    Table B-8: Survey Response Rate - FTO Stationsn Year Total

    2009 2010Sample Percentage (%) Sample Percentage (%) Sample Pe

    20 46.5 31 77.5 5135 85.4 91 77.1 126

    35 61.4 35 55.6 700 - 1 20.0 1

    90 64 158 70 248

    Table B-9: Survey Response Rate - ProvincesYear Year2009 2010

    Sample Percentage Sample Percentage Sample

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    Table B-11: The Sample Distribution of by Cities

    2009 2010 Tot

    2 2 4

    1 0 1

    2 0 2

    0 1 1

    1 1 2

    0 1 1

    0 1 1

    0 1 1

    11 28 390 11 11

    1 0 1

    7 3 10

    7 5 12

    1 0 1

    1 8 9

    7 11 181 0 1

    3 14 17

    46 52 98

    0 1 1

    2 0 2

    0 5 5

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    Table B-12: Tax Category of the Taxpayersry Frequency Percentage (%

    39 16.1

    75 30.9

    125 51.4

    4 1.6

    l 243 100

    Table B-13: Type of Business of the Taxpayers

    Type of Business* ResponseFrequency Percentage (%)

    Manufacturer 113 46.1

    Service Provider 86 35.1

    Wholesale Dealer 15 6.1Retailer 14 5.7

    Importer 32 13.1Exporter 14 5.7

    * A Business may fall in more than one type

    Table B-14: Form of Business of the Taxpayersip Frequency Percentage (%

    128 52.2

    10 4.1sons 52 21.2

    39 15 9

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    Table B-16: Type of Tax/Duty Paid by the Taxpayers

    Tax/Duty * Response

    Frequency Percentage (%)

    Income Tax 236 95.9

    Sales Tax 135 54.9

    Custom Duty 71 28.9

    Federal Excise Duty 37 15.0

    * A Taxpayers may be paying more than one tax

    Table B-17: Membership of Chambers/Trade bodies

    rship Frequency Percentage (%)102 48.3

    merce 99 46.9

    es 10 4.7

    l 211 100

    Table B-18: Membership of Chambers/Trade bodies Taxpayers CategoryCategory Membership (Percentage %)

    Chamberof

    Commerce

    NoAssociatio

    n

    OtherTradeBodies

    Large 25.0 2.9 11.2Medium 35.4 27.5 44.4

    Small 39.6 65.7 44.4

    N/A 0 3 9 0

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    Table B-19: Nature of Maladministration Faced by TaxpayersMaladministration Response

    Frequency Percentage (%)

    Delay 140 56.7Inefficiency 60 24.3Arbitrariness 22 8.9

    Harassment for corruptmotives

    17 6.9

    Others 35 14.2

    * A Taxpayers may report more than one maladministration

    Table B-20: Nature of Maladministration and Type of Business (CrossTabulation)

    Typeof

    Business

    Type of Maladministration

    Delay Ineffi

    ciency

    Arbit

    rariness

    Haras

    smentfor

    corrupt

    motives

    Other

    s

    Manuf 64 25 5 8 19

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    motives

    Incom

    e Tax

    134 56 21 17 34

    SalesTax

    62 40 18 11 23

    Custom

    Duty

    38 23 16 7 10

    Federa

    lExciseDuty

    19 14 12 6 4

    Table B-22: Nature of Maladministration and Form of Business (CrossTabulation)

    Formof

    Business

    Type of Maladministration

    Delay Inefficiency

    Arbitrariness

    Harassmentfor

    corruptmotives

    Others

    Sole 79 30 13 11 9

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    Table B-23: Nature of Maladministration and Provinces (Cross Tabulation)Provinc

    eType of Maladministration

    Delay Inefficiency

    Arbitrariness

    Harassmentfor

    corruptmotives

    Others

    Baluchi

    stan

    6 1 0 0 0

    KhyberPakhtunKhwa

    3 2 0 1 2

    Punjab 97 32 5 7 27

    Sind 34 25 17 9 6

    Table B-24: Nature of Maladministration and FTO Station (Cross Tabulation)FTO

    Station

    Type of Maladministration

    Delay Inefficiency

    Arbitrariness

    Harassmentfor

    corruptmotives

    Others

    Islamabad

    24 8 1 3 8

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    70 28.2

    1 .4

    Total 248 100

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    Table B-28: Person Contacted at FTO by the TaxpayersThe Contact Frequency Percentage (%)

    153 62.4

    r/Director 16 6.5Registrar/DD 4 1.6

    58 23.7

    14 5.7

    Total 245 100

    Table B-29: Response Quality at FTO for the TaxpayersQuality Frequency Percentage (%)

    153 61.9

    ory 78 31.6isfactory 16 6.5

    Total 247 100

    Table B-30: FTO Lack of Interest in Solving the Taxpayers MattersInterest Frequency Percentage (%)

    34 13.9210 86.1

    Total 244 100

    Table B-31: Problem Faced at FTO by the Taxpayershe Problem Frequency Percentage (%)dge the complaint 16 7.0s not present 4 1.7

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    Asked Frequency Percentage (%)40 16.5

    202 83.5

    Total 242 100

    Table B-36: Final Result of the Complaintinal Result Frequency Percentage (%)

    13 5.0ings underway 26 11.0

    olved 188 76.020 8.0

    Total 247 100

    Table B-37: The Taxpayers Rating about Staff Behavior of FTOBehavior Frequency Percentage (%)

    ory 222 90.6

    sfactory 23 9.4

    Total 245 100

    Table B-38: The Taxpayers Rating about Performance of FTORating Frequency Percentage (%)

    t 118 47.6

    98 39.523 9.3

    9 3.6

    Total 248 100

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    Table B-40: Final Findings of FTO to Complaints of the TaxpayersO Frequency Perce

    219

    of the Dept 1314

    246

    Table B-41: Post-Findings Scenario HappeningFrequency Percenta

    indings 174 77.76 2.7

    18 8.0

    4 1.8n 22 9.8

    224 100

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    Table B-42: Response Time of FTO for the TaxpayersNumber of Weeks Frequency Percentage (%)

    28 11.4

    ks 127 51.8eks 26 10.6eeks 64 26.1

    Total 245 100

    Table B-43: FTO Response Time for the Taxpayers - Yearly Comparison) 2009 2010

    (N = 87) (N = 158)

    7.82 6.89

    Table B-44: Time Taken by FTO to Solve the Taxpayers' Problemeeks Frequency Percentage (%)ek 21 8.7

    eks 146 60.6eeks 19 7.9

    eeks 55 22.8Total 241 100

    Table B-45: Time Taken by FTO to Solve the Taxpayers' Problem - YearlyComparison

    s) 2009 2010(N = 86) (N = 155)

    17.52 14.10

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    Table B-48: Province-wise Response Time of FTON

    69

    164

    66

    245

    Table B-49: Province-wise Time Taken by FTO to Solve ProblemN

    69

    16363

    241

    Table B-50: Province-wise Time Taken by FTO to Give FindingsN

    67

    15859

    230

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    Table B-52: Response Time for the Four FTO StationsFTO Station N Mean

    (Weeks)

    mabad 49 5.8ore 126 6.0achi 69 10.5

    tta 1 1.0

    All Stations 245 7.2

    Table B-53: Time to Solve the Problem of the Taxpayers for the Four FTOStation

    FTO Station N Mean(Weeks)

    mabad 50 14.1

    ore 124 11.6achi 66 23.3

    tta 1 8.0

    All Stations 241 15.3

    Table B-54: Time Taken to Give Findings for the Four FTO StationFTO Station N Mean

    (Weeks)mabad 49 8.7

    ore 118 8.5achi 62 13.7

    tta 1 4 0

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    Table B-56: Quality of Response of FTO - ProvincesProvince The Response Quality (Percentage (%)

    Good Satisfactory Non-

    SatisfactoryBaluchistan 50.0 16.7 33.3Khyber

    PakhtunKhwa

    37.5 62.5 0.0

    Punjab 62.7 32.5 4.8

    Sind 64.2 26.9 9.0

    Total 61.9 31.6 6.5

    Table B-57: Staff Behavior at FTO - ProvincesProvince Staff Behavior (Percentage (%)

    Satisfactory Non-satisfactoryBaluchistan 100.0 0.0

    Khyber

    PakhtunKhwa

    75.0 25.0

    Punjab 89.7 10.3Sind 93.9 6.1

    Total 90.6 9.4

    Table B-58: Performance Rating of FTO by the Taxpayers - ProvincesProvinc

    eFTO Performance Rating (Percentage

    (%)Excelle Good Average Poor

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    Table B-59: Response Quality Ratings of the Taxpayers - FTO StationsFTO

    Station

    The Response Quality

    (Percentage (%)Good Satisfacto

    ryNon-

    Satisfactory

    Islamabad 70.0 28.0 2.0Lahore 57.9 36.5 5.6

    Karachi 62.9 25.7 11.4Quetta 100.0 0.0 0.0

    Total 61.9 31.6 6.5

    Table B-60: Staff Behavior Rating of the Taxpayers - FTO StationsFTO Station Staff Behavior (Percentage

    (%)Satisfactory Non-

    satisfactory

    Islamabad 88.0 12.0Lahore 89.6 10.4

    Karachi 94.2 5.8

    Quetta 100.0 0.0

    Total 90.6 9.4

    Table B-61: Performance Rating by the Taxpayers - FTO StationsFTO FTO Performance Rating

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    Table B-62: FTO Response Quality - Taxpayers CategoryCategory The Response Quality

    (Percentage (%)

    Good Satisfactory

    Non-Satisfacto

    ryLarge 61.5 30.8 7.7Medium 50.7 45.3 4.0

    Small 71.0 24.2 4.8

    Total 63.0 31.9 5.0

    Table B-63: FTO Staff Behavior - Taxpayers CategoryCategory Staff Behavior (Percentage (%)

    Satisfactory Non-satisfactory

    Large 97.4 2.6

    Medium 91.8 8.2

    Small 90.3 9.7

    Total 91.9 8.1

    Table B-64: FTO Performance Rating - Taxpayers CategoryCategory

    FTO Performance Rating(Percentage (%)

    Excellent

    Good Average

    Poor

    Large 53 8 38 5 5 1 2 6

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    Table B-65: FTO Response Quality for Different Forms of BusinessForm ofBusiness

    The Response Quality (Percentage (%)

    Good Satisfactory Non-Satisfactory

    Sole

    Proprietor

    70.1 26.8 3.1

    Firm 60.0 30.0 10.0

    Association of

    Persons

    57.7 40.4 1.9

    Private LtdCompany 51.3 38.5 10.3

    Public

    Limited

    Company

    50.0 33.3 16.7

    Total 63.2 32.1 4.7

    Table B-66: FTO Staff Behavior for Different Form of Business

    Form of Business Staff Behavior (Percentage (%)Satisfactory Non-satisfactory

    Sole Proprietor 92.9 7.1

    Firm 90.0 10.0

    Association ofPersons

    94.1 5.9

    Private Ltd Company 89.7 10.3Public Limited 83 3 16 7

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    Table B-68: Govt. Offices Heading Tax DepartmentsSales Tax

    101

    0

    0

    11

    11

    1

    11

    11

    111

    11

    1

    17

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    Table B-69: Number of Complaints filed before FTO against Tax Employees08 2009 20

    0

    06

    208 54 9

    1

    3 184 86 2

    3 43 55 3

    5 79 8

    31 164 20 1

    4 34 59 10 3

    0 2

    0

    2

    63 522 10

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    Table B-71: Number of Complaints Pertaining to Similar Acts ofMaladministration

    the Office Total Complaints Similar Nature

    % FrKarachi 3

    chi 1

    ts 15al LTU Karachi

    achi 29 10 3

    194 25 4in Qasim 3 25 1

    391103 45 49

    116 87 10

    49 50 2247 49 12

    1876 98 18124 96 11145 98 14

    10021 6 1

    2

    5 50 3

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    Table B-74: Response in case FTO Recommend DisciplinaryAction against a Tax Functionary

    No. of Responses

    19ax 19

    and 19

    gainst 19

    Table B-75: Response in case FTO Recommended Disciplinary Actionagainst a Tax Functionary

    Name of Office No. of Decision

    Paces 1

    RTO Faisalabad (2)

    RTO Karachi (7)

    9

    RTO Lahore-I 19

    Table B-76: Usefulness of FTO in Rooting out Tax Maladministrationg Frequency Percentage (%

    4 21 1

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    Appendix-CFTO OFFICES

    ISLAMABADFederal Tax Ombudsman Secretariat5-A, Constitution Avenue Islamabad

    Tel: 051-9211382

    Fax: 051-9202235E-mail: [email protected]

    LAHORERegional Office, Bungalow No.186-A

    Scotch Corner, Upper Mall, LahoreTel: 99201825, 99201895

    Fax: 99201893

    KARACHI

    Regional Office, 4th Floor, Shaheen ComplexM.R. Kayani Road, Karachi.

    Tele: 021-99213586-90

    QUETTARegional Office, House No. 141, Shahbaz Town,Phase-I, Samungli Road, Quetta.

    Fax: 081 2863261

    FTO ORGANOGRAM

    mailto:[email protected]:[email protected]
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    FTO ORGANOGRAM