18/8/2005
Income Tax Worksheets With Formulas/Calculations ITA(Software) ITA Sevice
 
Income Tax Worksheets With Formulas/Calculations ITA(Software) ITA Sevice
 
 
 
  Customs
  Federal Excise
  Income Tax
  Sales Tax
  Others
 
Alternate dispute resolution.—

(1) Notwithstanding any other provision of this Act, or the rules made thereunder, any registered person aggrieved in connection with any matter of sales tax in respect of the following, namely:-

(a) the liability of tax against the registered person, or admissibility of refunds, as the case may be;

(b) the extent of waiver of additional tax and penalty;

(c) the quantum of input tax admissible in terms of sub-section (3) of section 7;

(d) relaxation of any procedural or technical irregularities and condonation of any prescribed time
limitation; and

(e) any other specific relief required to resolve the dispute,

may apply to the Central Board of Revenue for the appointment of a committee for the resolution of any
hardship or dispute mentioned in detail in the application.

(2) The Central Board of Revenue may, after examination of the application of a registered person, appoint a committee consisting of an officer of sales tax and one or two persons from among the notified panel of chartered or cost accountants, advocates, representatives of trade bodies or associations, or any other reputable taxpayers for the resolution of the dispute.

(3) The committee constituted under sub-section (2) shall examine the issue and may, if it deems necessary, conduct inquiry, seek expert opinion, direct any officer of sales tax or any other person to conduct an audit and make recommendations in respect of the resolution of the dispute as it may deem fit.

(4) The Board may, on the recommendation of the committee, pass such order, as it may deem appropriate.

(5) The registered person may make the payment of sales tax and other duty and taxes as determined by the Board in its order under sub-section (4) and all decisions, orders and judgments made or passed shall stand modified to that extent and all proceedings under this Act or the rules made thereunder by any authority or forum shall abate:

Provided that, in case the matter is already subjudice before any forum or tribunal or the court, an
agreement made between the registered person and the Board in the light of recommendations of the
committee shall be submitted before that forum, tribunal or the court for consideration and orders as
deemed appropriate.

(6) In case the registered person is not satisfied with the orders of the Board, he may file an appeal with the appropriate forum, tribunal or court under the relevant provisions of this Act within a period of sixty days of the order passed by the Board under this section has been communicated to the registered person.

(7) The Board may, by notification in the official Gazette, make rules for carrying out the purposes of this section.

 


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