Govt Forms 8-Member Asset Distribution Committee for FBR Restructuring

The caretaker federal government has constituted an 8-member high-level implementation and asset distribution committee for the Restructuring of the Federal Board of Revenue.

The Ministry of Finance has notified the I&ADC committee which will be headed by the Minister for Finance and Revenue while Secretary of Law and Justice, Dr. Musharraf R. Cyan,  Dr. Manzoor Ahmad, Syed Nadeem Rizvi, Mukarram Jah Ansari, Afaq Ahmad Qureshi, and Additional Secretary Sajid Mehmood Qazi shall be the members of the committee.

The Federal Cabinet last Tuesday approved FBR’s Summary for Restructuring and Digitization however the Election Committee of Pakistan asked the PM to hold the restructuring till the formation of a new government.

The terms of reference (TORs) of the I&ADC include completion and coordination of 12 tasks pertaining to legal, Human Resources upto seven days. The committee shall also provide technical content for the formulation of statutory drafts to enshrine the core principles of operational autonomy and accountability of the tax administrations, separation of tax policy from tax administration, mandates of the oversight boards, and mandate of the Federal Policy Board.

It will also monitor the work of the sub-committees to resolve any disputes, expedite the drafting, review, and approval of the legal instruments, and timely completion of their respective tasks relating to administrative & financial matters.

The ToRs also included issuance of necessary rules, regulations, notifications, Statutory Regulatory Orders, administrative orders, and instructions; Appropriate distribution of human resources and Assets between the successor Organizations and Offices; Equitable distribution of available financial resources between the successful Organizations and Offices; Obtaining any required approvals from Government to successfully implement the transition plan; and Ensuring seamless transition of the Federal Board of Revenue into its successor Organizations, Offices with appropriate legal & regulatory framework and performing any functions ancillary or in addition to the above as assigned by the Government, the SIFC, or any other competent Authority to implement the decision of the Federal Cabinet.

The I&ADC shall have legal as well as Finance and Administration Sub-Committees.

The Legal Subcommittee shall comprise the Secretary, Law & Justice (Chairman/Convener of Sab-Committee), Mukarram Jah Ansari, (Member Legal), Afaq Ahmed Qureshi (Member IR-policy), Ch. Muhammad Javaid (Chief legal) and  Masood Akhtar (Chief Income Tax Policy) as its members. This committee shall draft the required legislative instruments, amendments in Fiscal Laws, and all relevant statutes.

After completing all requirements for vetting & approvals, submit them to the Federal Cabinet and subsequently assist their enactment b) Draft necessary rules, regulations, notifications, SROs, general orders, and jurisdiction orders.

After completing all requirements for vetting and approvals from the designated authorities, ensure their issuance promptly.

The committee will also review and re-draft any existing procedures to align the same with the new legislation and ensure their smooth implementation; and Perform any other function ancillary or in addition to the above.

The Finance and Administration Subcommittee will comprise Ali Tahir, Special Secretary Establishment Division (Chairman/Convener of Subcommittee), Ahmad Shoja Khan (Member Audit FBR), Mohammad Imran Khan (DG R&A), Fareedoon Akram Shaikh (Chief-Admn), and Dr. Nasir Khan (Chief FBR) as its members.

The committee will identify & enlist the details of existing financial resources, assets, and HR pertaining to, or owned by the FBR (excluding those pertaining to IR & Customs formation individually); Distribute FBR’s financial resources between the successor organizations having regard to their financial requirements and their human resources, ongoing projects, and developmental needs.

This committee will also distribute FBR’s physical assets and human resources among the Revenue Division, successor organizations of Inland Revenue & Customs, and related Offices, fairly & equitably, keeping in view their operational and administrative requirements.

It also has the mandate to ensure the distribution in such a manner that it would not cause any disruption in operations and in the collection of duties and taxes of both Inland Revenue and Customs and perform any other function ancillary or in addition to the above, as assigned by I&ADC.

According to the notification, the above Committee and Sub-committees may co-opt more members (officers, legal, and domain experts) with the prior approval of the Chairperson of the I&ADC.

The I&ADC or its sub-committees shall perform their functions according to the timelines while ensuring continuity of operations, smooth revenue collection without any disruption for the remainder of the fiscal year, and minimal dislocation of officers & offices in the transition process.

The Finance Minister shall be the final authority concerning the functioning, jurisdiction, or resolution of disputes arising out of the work of the I&ADC or any of its subcommittees, notification concluded.