Budget 2022: Amendment in Section 245MA related to Dispute Resolution Committee



Quick Summary
The Finance Act 2021 introduced Section 245MA to establish a Dispute Resolution Committee (DRC) for resolving tax disputes for eligible individuals. Previously, the Assessing Officer lacked the explicit power to issue orders based on the DRC's decisions. Budget 2022 proposes a new sub-section to grant this authority, ensuring the Assessing Officer can implement the DRC's resolutions. This amendment, effective from 1st April 2022, clarifies the process for taxpayers opting for the DRC route.

1. Finance Act, 2021 introduced a new chapter XIX-AA in the Act consisting of section 245MA for constituting Dispute Resolution Committee (“DRC”) for specified persons who may opt for dispute resolution under the said section and who fulfil specified conditions mentioned in the said section.

2. After the resolution of the dispute by the DRC the assessed income of the person who had applied to DRC has to be determined, which will be followed by, inter alia, initiation of penalty proceedings, if any and issuance of demand notice under section 156 of the Act. However, the existing provisions of the said section do not contain any provision which will enable the Assessing Officer to pass an order giving effect to the order or directions of the Dispute Resolution Committee under the said section.

Budget 2022: Section 245MA Dispute Resolution Committee Changes

3. Therefore, it is proposed to insert a new sub-section to this section to enable the Assessing Officer to pass an order giving effect to the resolution of dispute by the DRC. However, since DRC is an alternate dispute resolution mechanism itself, a taxpayer may opt for approaching either the Dispute Resolution Panel under section 144C of the Act or the DRC under section 245MA of the Act, and the AO shall pass the final order in conformity with the order by the DRC even in the case of an eligible assessee.

This amendment will take effect from 1st April, 2022.

[Clause 67]

FAQ :

Section 245MA, introduced by the Finance Act 2021, allows for the constitution of a Dispute Resolution Committee (DRC) to resolve tax disputes for specified persons who meet certain conditions.

The previous provisions did not explicitly enable the Assessing Officer to pass an order giving effect to the resolutions or directions of the Dispute Resolution Committee.

Budget 2022 proposes inserting a new sub-section to enable the Assessing Officer to pass an order that gives effect to the dispute resolution by the DRC.

This amendment will take effect from 1st April 2022.

Yes, a taxpayer can opt for either the Dispute Resolution Panel under section 144C or the DRC under section 245MA, and the Assessing Officer will issue a final order in line with the DRC's decision if that route is chosen.




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Finance news reporter covering taxation, GST, income tax, business compliance, and economy updates. I simplify complex financial topics into easy-to-understand articles for professionals, taxpayers, and business owners on leading finance and tax platforms.

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