Islamabad High Court (IHC) has rejected a written petition filed by a former IB Hemorial Director, Brigadier (RETD) IMTIAZ AHMED, against issuing a show cause to him by FBR to have a Benami house.

The former IB chief was acquitted by a court of responsibility on the charges of having moving and motionless properties in addition to his well -known sources of income. Later, however, FBR earned a message about him according to 2017 to keep an uncertain house under the front.

IHC judge Justice Muhammad Azam Khan noted in his order that both the offenses are different in nature and under different statutes, as the offense under National Accountability Ordinance (NAO), 1999 relates to the property in addition to his known source of income, while the offense is separated by being favorable to a Benami transaction.

“Since the offenses are different, the petitioner’s accusation in both cases does not pose a double danger,” the order said. Hafiz Ahsaan Ahmad Khokhar lawyer represented FBR, while FBR Commissioner Benami Zone also argued for the IHC bench with a single member.

The verdict noted that the word “benami” means without name, nameless or fictitious. Benami transaction is used to denote a transaction that is really performed by a person without using his own name but in the name of another.

“In the present case, the intended message was issued by Respondent No. 1 [FBR] to the petitioner [ex-IB chief] Under the Act 22 (2).

“A similar message was posted to respondent no2 (straw owner) where it was mentioned that after examination from CDA [Capital Development Authority]It was confirmed that the property was transferred in June 1999 and the subject is still in his name.

“CDA also confirmed that respondent no2 has performed a general power of attorney in favor of the petitioner [ex-IB chief]. The message also reveals that the property has always been in beneficial use of the petitioner, and the rent proceeds from the subject house were always collected in the form of cash by the petitioner. “

According to the message, the tax returns over the years showed a financial health that did not justify the purchase of such an expensive property, and the straw owner was approved against Brigadier (RETD) IMTIAZ AHMED in the case initiated by Nab. “Respondent no2 [straw owner of the house] the Benami event admitted to the purchase of this special property among others, “the order said.

The order noted that the petitioner [ex-IB chief] Should have disputed the FBR notification by submitting a response before the relevant authority under the 2017 Act – the assessing authority/assessment committee.