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Section 304 - Decision of Alternative Dispute Resolution

(1) Where both parties agree on any incident or legally disputed matter under this Act, the disputed matter shall be settled partially or fully through the alternative dispute resolution process on the basis of consensus.

(2) Where there is a partial or complete agreement between the taxpayer and the representative of the Commissioner of Taxes on the settlement of the dispute, the facilitator shall, in the prescribed manner, record the details of the agreement.

(3) The record of the agreement shall contain a description of the terms of the agreement, including any taxes payable or refundable and other necessary and appropriate matters, and shall specify the manner of payment of the fair dues based on the agreement and such other matters as the facilitator considers appropriate.

(4) If it is subsequently discovered that the process of agreement has been completed through fraud and misrepresentation, the same shall be cancelled.

(5) The taxpayer, the representative of the Commissioner and the facilitator shall sign the agreement.

(6) In cases where it is not possible to reach an agreement in whole or in part thereof due to non-cooperation between the applicant taxpayer and the representative of the Commissioner concerned, or where disagreement arises in the settlement of the dispute, the facilitator, recording the reasons, within 15 (fifteen) days of the disagreement, shall inform the applicant, the Board, the concerned Court, Tribunal, Appellate Authority and, as the case may be, the Income Tax Authority about the unsuccessful settlement of the dispute.

(7) Where an agreement is reached fixing the manner and time of collection and return of dues and the same is duly recorded and signed, the facilitator shall, in accordance with the provisions of this Act, notify the same to the taxpayer and the Deputy Commissioner of Taxes concerned, in accordance with the agreement.

(8) If the facilitator fails to reach an agreement within 3 (three) months after the end of the month in which the application was made, no agreement shall be deemed to have been reached.

(9) Where a successful agreement is reached, the facilitator shall send copies of the agreement to all parties mentioned in sub-section (6) within 15 (fifteen) days from the date on which the agreement is signed by the facilitator and the parties.

Note: This is unofficial English translation. In the event of a conflict between the information on this website and the original Government publications or notifications of laws, rules, regulations, and SROs, the Government publications or notifications shall prevail. Moreover, as per Section 345(2) of the Income Tax Act 2023, if there is a conflict between the English and Bengali text, the Bengali text shall prevail.

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