Two commissions to mediate tax disputes
The government has moved to fast-track disposal of pending revenue cases out of court.
In a meeting chaired by Finance Minister AMA Muhith at his ministry yesterday, the National Board of Revenue tabled draft laws to create two commissions for this purpose.
The commissions -- one for value-added tax and customs and the other for income tax -- are meant to settle the cases within three months by way of alternative dispute resolution (ADR).
The high-profile meeting was also attended by Law Minister Shafique Ahmed, Attorney General Mahbubey Alam and FBCCI President AK Azad.
The NBR sought opinions from different stakeholders on ADR by September 20.
“A number of amendments to the NBR's draft law might be needed, as some of the clauses incorporated in it stand in the way of quick settlement of the disputes,” Shafique Ahmed told reporters.
Besides formation of these ADR commissions, two exclusive benches in the High Court for quick disposal of revenue-related cases will soon be formed, the minister said.
The government now awaits the chief justice's consent on such benches, as the attorney general has had talks with him, the law minister added.
According to the draft laws, each commission will have six members.
The ADR Commission for VAT and Customs will have a chairman, three vice chairmen, two members and a commissioner.
The chairman and vice chairmen should have customs and VAT background.
Of the two members, one will be judicial member. If a judge is chosen for such membership, he or she should have at least three years of experience and in case of a lawyer he or she should have practised at the Supreme Court for at least 10 years.
The technical member will be a professional chartered accountant having five years experience.
The ADR commission for income tax will be named Resolution Commission. For this, three vice-chairmen and two members will work under the leadership of a chairman, who will be chosen from the High Court's retired judges. It will have a commissioner. Vice chairmen and members will be retired district level judges, chartered accountants or lawyers.
In the case of both ADR commissions, there may be several benches and in absence of the chairman, the vice-chairman will preside over the benches. In every bench there will be a commissioner who will provide the bench with the investigation and other documents of the cases pending.
According to the tax administration, about 16,372 cases remained pending with the High Court until December 2009, which involve Tk 6,551 crore revenue.
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