NBR seeks recommendations on draft ADR from business leaders by Sept 20
NBR seeks recommendations on draft ADR from business leaders by Sept 20
UNB, Dhaka
The Business Community leaders have been asked to send recommendations by September 20 to NBR the changes they deem necessary in the draft on Alternative Dispute Resolution (ADR) law.
The decision was taken at a presentation meeting on ADR by the NBR in the Finance Ministry.
Before finalizing the recommendations business leaders should discuss among themselves and also consult with different stakeholders about the proposed law aimed at early disposal of Income Tax VAT and the related cased piled up over the years.
Chaired by the Finance Minister AMA Muhith, Law Minister Barrister Shafique Ahmed, Attorney General Mahbubey Alam, Law Commission chairman Justice Mohammad Abdur Rashid, FBCCI president AK Azad and BGMEA president Abdus Salam Murshedy and senior officials attended the meeting.
NBR member Fariduddin Ahmed made a power point presentation on the draft law on ADR for VAT and customs while another NBR member Aminur Rahman made presentation on the income tax (Resolution Commission).
The Law Minister said that the purpose of ADR could not be served if it is not made mandatory. "If not mandatory, the number of cases will go on rising." He said the proposed law is not a strict one which should be followed adding. "A reasonable solution is ADR which is acceptable to both the parties."
Citing that billions of taka are being stuck up in pending cases, Nihad Kabir of Metropolitan Chamber of Commerce & Industry (MCCI) suggested to process ADR cases under the supervision of High Court judges. "Supervision by a High Court Judge will help resolve issues."
Finance Minister AMA Muhith said that the modalities of the draft ADR should be finalized in a way to ensure its success. Making his presentation Fariduddin said more than 50,000 disputes were lying pending in different courts and tribunals.
On composition of ADR, the draft law proposed to appoint Chairman and Vice-Chairman from Customs & VAT background, Judicial Member from the Judicial Service with Work Experience as District Judge for not less than three years or a lawyer with minimum 10 years of practice in the Supreme Court.
About the expected outcomes of ADR, he showed that case analysis and disposal shall be faster, simpler, backlog to be cleared expeditiously, government to receive just revenue in a shorter span of time, taxpayers to get relief and their costs of doing business to go down while the partnership between the revenue administration and business community to get stronger.
Aminur Rahman in his presentation showed that the amount of revenue involved in the cases in departmental appeal, appellate tribunal, High Court Division and Appellate Division is estimated to be about Tk 35 billion.
He said NBR has been trying to get rid of this large number of disputes as NBR, in consultation with the Law Commission, has come up with the proposal for setting up of Resolution Commission.
The Commission would be named as 'Resolution Commission'. Chapter XVIIIB is proposed to be inserted in the Income-tax Ordinance, 1984. The Commission will consist of as many benches as government may deem fit.
There will be a Chairman of the Commission. Each bench will consist of a Chairman or Vice-Chairman and two other Members. In each bench there will be a Commissioner (Investigation) who will assist the bench with necessary information and investigation.
