The Anti-corruption Commission and the National Board of Revenue are in tussle over anti-corruption watchdog’s claim to scrutinize the taxpayers’ files to detect the corruptpeople. ACC to look into thefraudulent cases, is seeking the authority over scrutinizing the suspicious taxpayers’ files, and in connection with this, the anti-corruption watchdog recently has sent a letter to NBR.
However, NBR is reluctant to give ACC the authority, as Income Tax Ordinance-1984 implies NBR specific bar to handover taxpayers’ files to any non-tax organization randomly. NBR says that section 163 of income tax ordinance ensures the protection of information of any taxpayer. So it will be a breakdown of promise of the tax law if the exchequer provides the secret documents of any taxpayer to any other organization.
Tax officials said if NBR does so it might create menaces among taxpayers, hampering the revenue collection. On the other hand, ACC refuting NBR’s standpoint, says they have the right to asks information to any government agency to detect the corrupt peoples. ACC sources said they have taken a move to empower more its investigation officers to streamline the anti-corruption drives and in connection with this, it is likely to update its prevailing rules and regulations.
ACC in its letter sent to NBR last month said with an aim to continue the investigations if detective officer finds the necessity of the attainment of anybody’s tax file, he or she will be able to avail all tax related documents from tax offices, and it no existing law will not appear as a bar to this issue. However, NBR says the income tax ordinance specifies about in which cases NBR can provide a taxpayer’s documents to any agency but ACC is seeking the supreme power to probe the taxpayers’ files.
“NBR is obliged to provide taxpayers’ documents only for money laundering cases and if court orders asks. Apart from these issues, NBR is not bound to provide tax documents to any agency. A highly placed NBR official told Bangladesh Post that if they accede to ACC’s proposal the ACC investigators then would be able to directly achieve or seize the secret files of any taxpayer, contradictory with the existing tax law.
“If tax officials provide such secret information to any other agency, he or she, couldevenbe convicted with imprisonment or other penalties, as per income tax ordinance,” he said. “Not only in Bangladesh, but also mostly in neighbouring countries, there are provisions to keep the taxpayers’ documents secret,” he added.
With this regard a discussion meeting was held in the secretariat on April 23 chaired by Law minister AnisulHaque where NBR chairman Mosharraf Hossain Bhuiyan, ACC chairman Iqbal Mahmood, Law secretary Abu Saleh Sk Mohammad ZahirulHaque were present. In the meeting, ACC Chairman placed his proposal to avail the power of achieving the taxpayers’ documents but NBR Chairman directly opposed claiming it as a disregard of the tax ordinance.
Law minister with this regard, told media that NBR will provide ACC the documents of taxpayers only for some specific issues. Otherwise, NBR will have not to provide taxpayers’ documents. So, there is no scope for misunderstanding about the issue. NBR Chairman said they would not do anything disregarding the tax law. They, however, will help the ACC by all possible means having rights under the tax law.