|
10. Procedure
and evidence :
(1) A complaint shall
be made in writing on solemn affirmation or oath and shall be addressed
to the Federal Tax Ombudsman by the person aggrieved or, in the case of
his death, by his legal representative and may be lodged in person at
the office or handed over to the Federal Tax Ombudsman in person or sent
by any other means of communication to the Office.
(2) The Federal Tax Ombudsman
shall not be entertain anonymous or pseudonymous complaints.
(3) A complaint shall
be made not later than six months from the day on which the person aggrieved
first had the notice of the matter alleged in the in the complaint, but
the Federal Tax Ombudsman may conduct any investigation pursuant to a
complaint which is not within time if he considers that there are special
circumstances which he deems proper in the interest of justice to entertain
the complaint.
(4) When the Federal
Tax Ombudsman proposes to conduct an investigation he shall issue to the
Secretary of the Revenue Division, and to the person who is alleged in
the complaint to have taken or authorised the action complained of, a
notice calling upon him to reply to the allegations contained in the complaint.
Provided that the Federal Tax Ombudsman
may proceed with the investigation if no response to the notice is received
by him from the Secretary or other person within thirty days of the receipt
of the notice or within such longer period as may be allowed by the Federal
Tax Ombudsman, for sufficient cause to be recorded.
(5) Every investigation
shall be conducted in private, but the Federal Tax Ombudsman may adopt
such procedure as he considers appropriate for such investigation and
he may obtain information from such persons and in such manner and make
such inquiries as he thinks fit.
(6) A person shall be
entitled to appear in person or be represented before the Federal Tax
Ombudsman.
(7) The Federal Tax Ombudsman
shall, in accordance with the rules made under this Ordinance, pay expenses
and allowances to any person who attends or furnished information for
the purposes of any investigation.
(8) The conduct of an
investigation shall not affect any action taken by the Revenue Division,
or any power or duty of the Revenue Division to take further action with
respect of any matter subjected to the investigation.
(9) For the purposes
of an investigation under this Ordinance, the Federal Tax Ombudsman many
require any Tax Employee to furnish any information or to produce any
document which in the opinion of the Federal Tax Ombudsman is relevant
and helpful in the conduct of the investigation, and there shall be no
obligation to maintain secrecy in respect of disclosure of any information
or document for the purposes of such investigation.
(10) In any case where
the Federal Tax Ombudsman decided not to conduct an investigation, he
shall send to the complainant a statement of his reasons for not conducting
the investigation.
(11) Save as provided
in the Ordinance, the Federal Tax Ombudsman shall regulate the procedure
for the conduct of business or the exercise of powers under this Ordinance.
|