[1][47A    Alternative dispute resolution.— (1)    Notwithstanding any other provisions of this Act, or the rules made thereunder, any registered person aggrieved in connection with any dispute pertaining to:–

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

(b)       the extent of waiver of default surcharge 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 Board for the appointment of a committee for the resolution of any hardship or dispute mentioned in detail in the application, which is under litigation in any Court of Law or an Appellate authority, except in the cases where first information reports (FIRs) have been lodged under the Act or criminal proceedings initiated or where interpretation of question of law having larger revenue impact in the opinion of the Federal Board of Revenue is involved, may apply to the Federal Board of Revenue for the appointment of a committee for the resolution of dispute in appeal and only such application may be entertained for dispute resolution under the provisions of this section.

(2)       The Board may, after examination of the application of a registered person, appoint a committee within thirty days of receipt of such application in the Board, consisting of an officer of sales tax not below the rank of an Additional Collector and two persons from the notified panel consisting of retired Judges not below District and Sessions Judge, chartered or cost accountants, advocates, representatives of trade bodies or associations, or any other reputable taxpayers, for the resolution of 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 within sixty days of its constitution, in respect of the resolution of the dispute as it may deem fit:

 

Provided that the Board may extend the period of sixty days stipulated for making the recommendations for another sixty days on specific request of the committee.

 

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

 

(5)       The registered person may make payment of sales tax and other duty and taxes as determined by the Board in its order under sub-section (4), and such order of the Board shall be submitted before the forum, tribunal or the Court where the matter is subjudice for consideration of orders as deemed appropriate.

 

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



[1].         Substituted vide Finance Act, 2007.