| |
|
 |
| For business information, annual reports, laws, ordinances, regulations and articles. |
|
|
|
040830
Government of Pakistan
Revenue Division
Central Board of Revenue
. .
*
Islamabad, the 30th August, 2004.
N o t i f i c a t i o n
(Income Tax)
S.R.O. 748 (I)/2004.- In exercise of the powers conferred by sub-section (1) of section 237 of the Income Tax Ordinance, 2001 (XLIX of 2001), the Central Board of Revenue is pleased to direct that the following further amendments shall be made in the Income Tax Rules, 2002, the same having been previously published as required by sub-section (3) of the said section.
In the aforesaid Rules, after rule 231B, the following new rule shall be inserted, namely: -
“231C. Income tax alternate dispute resolution.- (1) This rule shall apply to all cases of disputes brought or specified for resolution under section 134A.
(2) In this rule, unless there is anything repugnant in the subject or context, -
(a) “applicant” means a person or a class of persons who has brought a dispute for resolution under section 134A;
(b) “Board” means the Central Board of Revenue.
(c) “Committee” means a Committee constituted under sub-section (2) of section 134A; and
(d) “dispute” means any matter of income tax pertaining to liability of income tax, admissibility of refund, waiver or fixation of penalty or fine, relaxation of any period or procedural and technical condition as specified in sub-section (1) of section 134A.
(3) Any person or class of persons interested for resolution of any dispute under section 134A shall submit a written application for alternative dispute resolution to the Board in the form as set out in the Schedule below.
(4) The Board, after examination of the contents of an application by a taxpayer and facts stated therein and on satisfaction that the application may be referred to a Committee for the resolution of the hardship or dispute, shall constitute a Committee consisting of the following members, namely:-
(a) the Director General, Large Taxpayers Unit or Commissioner, Medium Taxpayers Unit or any other Commissioner or officer of the Income Tax Department nominated by the Board;
(b) a Fellow of Chartered Accountants, registered with the Institute of Chartered Accountants of Pakistan or an Associate of Cost and Management Accountant, an advocate of High Court or Income Tax Practitioner having at least twenty-five reported cases in a reputed journal to his credit; and
(c) a reputable taxpayer.
(5) The Board may appoint one of the members of the Committee to be its Chairman.
(6) An application filed under this rule may be disposed of by the Committee within thirty days of its constitution:
Provided that the time so specified may, if requested by the Chairman of the Committee for reasons to be recorded in the request, be extended by the Board to such extent and subject to such conditions and limitations as it may deem proper.
(7) The Chairman of the Committee shall be responsible for deciding the procedure to be followed by the Committee which may inter-alia, include the following, namely:-
(a) to decide about the place of sitting of the Committee;
(b) to specify date and time for conducting proceedings by the Committee;
(c) to supervise the proceedings of the Committee;
(d) to issue notices by courier or registered post or electronic mail to the applicant;
(e) to requisition and produce relevant records or witnesses from the Commissioner or other concerned quarters;
(f) to ensure attendance of the applicant for hearing either in person or through an advocate, representative or a tax consultant;
(g) to consolidate recommendations of the Committee and submission of a conclusive report to the Board; and
(h) for any other matter covered under these rules.
(8) The Committee may conduct inquiry, seek expert opinion, direct any officer of income tax or any other person to conduct an audit and make recommendations to the Committee in respect of dispute or hardship.
(9) The Committee may determine the issue and may thereafter seek further information or data or expert opinion or make or cause to be made such inquiries or audit as it may deem fit, to formulate its recommendations in respect of any matter specified in sub-section (1) of section 134A.
(10) The applicant may withdraw the application made under sub-rule (3) of these rules at any time before the Committee submits its recommendations to the Board.
(11) The applicant shall pay members of the Committee, other than public servant, remuneration covering travelling allowance and daily allowance. The extent and amount of remuneration and the manner of payment thereof shall be decided by the Chairman of the Committee under intimation to the applicant.
(12) The Chairman of the Committee shall send a copy of the recommendations of the Committee to the Board, applicant and the concerned Commissioner, simultaneously.
(13) The Board on its own motion or on the request of the applicant, may refer back the recommendations of the Committee for rectification of any mistake apparent from record or for reconsideration of the facts or law, as the case may be, not considered earlier by the Committee.
(14) The Committee after rectification of the mistake or reconsideration of the facts or law as aforesaid shall furnish to the Board its fresh or amended recommendation within such period as specified by the Board.
(15) The Board, after examining the recommendations of the Committee shall finally decide the dispute or hardship and make such orders as it may deem fit for the resolution of the dispute or hardship under intimation to the applicant, Chairman of the Committee and the concerned Commissioner:
Provided that the resolution reached by the taxpayer and the Board shall not bind them for tax year not covered by the agreement. Any such resolution shall not be used as precedent, except as provided in the agreement.
(16) The copy of order passed by the Board shall be provided to the applicant and to the Commissioner having jurisdiction over the case for modification of all decisions, orders and judgements passed in respect of the said dispute or hardship, within such period as may be specified by the Board in the order.
(17) On receipt of the Board’s order as aforesaid, the concerned Commissioner shall implement the order in such manner and within such period as may be specified by the Board in the order.
(18) Notwithstanding any thing contained in this rule an order passed by the Board shall cease to exist if it is subsequently found to have been obtained by fraud or misrepresentation of facts about the nature of dispute or hardship on which the said order was passed and all decisions, orders and judgements modified under the said order shall deemed to be re modified.
[See sub-rule (3)]
under section 134A of the Income Tax Ordinance, 2001
To
The Chairman,
Central Board of Revenue,
Islamabad
Dear Sir,
The undersigned being duly authorized hereby apply _________________ (name and address of the applicant) for dispute or hardship resolution under section 134A of the Income Tax Ordinance, 2001 (XLIX of 2001).
2. Necessary details of the dispute or hardship are set out below and in the annexure to this application.
3. A request is made to constitute a Committee as provided under sub-rule (4) of rule 231C of Income Tax Rules, 2002.
4. The following documents as are necessary for the resolution of the dispute or hardship are enclosed.
(a) _________________________________________________________
(b) _________________________________________________________
(c) _________________________________________________________
Yours faithfully,
Signature ____________
Name _______________
(in block letters)
Address ______________
Date _________________
[See paragraph 2 of the Schedule]
(1) Name of the applicant _________________________________________
(in block letters)
(2) National tax number ___________________________________________
(3) Address of the applicant ________________________________________
(4) Telephone Number ___________________ Fax Number _____________
(5) The Commissioner with whom a dispute has arisen __________________
(6) The following is the statement of the relevant facts and law with respect to dispute or hardship having bearing on the question(s) on which the resolution is required (Please annex extra sheet, if required):-
(7) Statement containing the applicant’s interpretation of law or facts, as the case may be, in respect of question(s) on which resolution is required (Please annex extra sheet, if required) is as follows:-
(8) The extent or the amount of tax which the applicant agrees to pay, if any.
(9) The undersigned, solemnly declare that,-
(a) full and true particulars of the dispute or hardship for the purposes of resolution have been disclosed and no material aspect affecting the determination of the application filed under the Income Tax Ordinance 2001, in this behalf has been withheld;
(b) that the above issue(s) is/are pending before ____________ (name of the appellate forum, ITAT or court)/ not pending before any forum, ITAT, High Court or Supreme Court of Pakistan for adjudication; and
(c) I shall pay the remuneration of the members, other than a public servant, of the Committee to the extent as the Chairman of the Committee may decide.
Yours faithfully,
Signature ____________
Name _______________
(in block letters)
Date _________________.”.
[C. No. 3(16)IT-Jud/04]
Member (Direct Taxes)/
Additional Secretary
|
|
|
|
|
|
| Home | About Us | Contact | Information Resources |