NBR to focus on out-of-court settlement of tax disputes to boost revenue

The National Board of Revenue (NBR) is now focusing on settling long-pending cases through the Alternative Dispute Resolution (ADR) system to boost revenue collection.

The country's revenue-collecting authority is at unease, officials said. 

The first two months of FY24-25 saw a setback in collection due to political unrest.

A senior official of the NBR said that all commission rates have been asked to make a list of long pending cases that can be settled through the ADR.

The NBR official said that emphasis has been given to utilise the ADR system to clear these cases.

The official wished anonymity as he is not authorised to speak on the subject.

In a recent meeting, NBR Chairman Md Abdur Rahman Khan asked the officials to take effective steps in this regard, said another official this week.

"The NBR chairman also asked the officials to take all-out efforts to realise the outstanding taxes," the NBR official said.

The NBR introduced ADR on 1 July 2012 to speed up disposal of the revenue-related cases through out-of-court settlements.

ADR is a tool that parties can use to settle disputes with the help of a third party.

It is used for disagreeing parties who cannot agree short of litigation.

However, ADR is also increasingly being adopted as a tool to help settle disputes within the court system.

The NBR chairman has asked the officials concerned to expedite the Alternative Dispute Resolution (ADR), the NBR official told UNB.

Another senior official of the NBR said that as per the law, taxpayers have to apply to resolve tax-related disputes. He mentioned that some taxpayers always try to evade tax and feel encouraged to settle the matter in the courts. 

He also said that those who failed to make any headway in the courts usually come to the ADR system to resolve their disputes.

An NBR official involved in the ADR said that due to the reluctant attitude from the business people of the country, the system is yet to give its full swing benefit for them and also for the national exchequer.

"The NBR has taken various types of initiatives to vibrant the system, and a former NBR member has been appointed after forming a neutral cell for this system," he said.

The NBR chairman, while talking to reporters recently, said ADR is a system where both parties can avail a win-win chance.

He mentioned that if the taxpayers and tax authority do not come to a consensus then there is nothing to do in this ADR system.

"For that reason, many do not want to go to the ADR process," he said.

In this connection, the NBR chairman pointed out the reluctant attitude of taxpayers and tax-collecting authorities as they both want to win it all.

"In the ADR system both have to compromise or both have to sacrifice, that is the meaning of the ADR," he said.

The chairman mentioned that those who are involved in the ADR are very experienced and know the law very well.

"They try to convince both parties to come to a consensus. If the taxpayers and tax collecting authority do not want to go for a long legal battle then ADR is the best option," the NBR chairman said.

As per available data, there are more than 27,000 cases pending in various courts related to income tax, Vat, and duty involving not less than Tk39,000 crore.