The Federal Board of Revenue (FBR) has decided to replace the chairmen of Alternative Dispute Resolution Committees (ADRCs), who are reluctant to submit reports timely for the resolution of sales tax-related disputes.
Sources told Business Recorder on Sunday that the FBR would appoint new chairmen in cases where the existing position holder is not taking interest. The names of new chairmen will be notified on the report of collectors of sales tax.
Sources said that there is still pendnecy of cases filed by the taxpayers for resolution of sales tax disputes. To resolve the issue, the board has issued instructions to the collectors of sales tax.
As per directive, the collectors would suggest distribution of ADR cases to committees, as presently the workload of different ADRC committees is not rational. There is burden of cases on few committees, whereas others are dealing with few technical sales tax related issues.
The departmental representatives appearing before committees would try to resolve the pending cases by citing already decided cases. The precedent of past cases would help in speedy finalising of committee''s proceedings in the remaining sales tax cases, directive added.
Details revealed that the FBR had turned down a total of 110 applications filed by the taxpayers under the ADR sales tax procedure during 2007-2008. A total of 835 ADR applications have been filed by the taxpayers pertaining to various sales tax and federal excise related disputes.
The sales tax department has constituted ADRCs in 707 cases, whereas 110 applications were rejected/withdrawn under Sales Tax Act, 1990. The committees had recommended findings/observations in 253 cases to the FBR. In 23 cases, the FBR has not accepted the recommendations of the ADR committees and 184 recommendations have been implemented to facilitate the applicants.
The board had rejected 102 applications filed by the taxpayers for settlement of income tax disputes under the Alternative Dispute Resolution (ADR) mechanism during 2007-2008.
The board had received a total of 275 applications under the ADR during 2007-2008. The income tax department has constituted Alternative Dispute Resolution Committees (ADRCs) in 171 cases, whereas 102 applications were rejected/withdrawn during their processing under the Income Tax Ordinance 2001. The board has accepted recommendations of the ADRCs in 76 cases and 32 committee''s observations were rejected on legal grounds.
The data further showed that a total of 211 ADR cases have been disposed off including rejected cases. Presently, 58 cases are under process with the ADRCs remaining balance of three cases with the FBR.