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Maximizing the New Electronic System for Income Tax Dispute Resolution

The e-Dispute Resolution Scheme (e-DRS) for Taxpayers in India

The Central Board of Direct Taxes (CBDT) has introduced the e-Dispute Resolution Scheme (e-DRS) to facilitate the resolution of Income Tax assessment-related matters. Launched in 2022, this scheme aims to streamline the resolution process and minimize litigation, providing taxpayers with a more efficient mechanism for resolving disputes.

Key Features of the e-DRS

Under the e-DRS system, taxpayers can electronically submit applications for dispute resolution to the Dispute Resolution Committees (DRCs) located in 18 jurisdictions across India. These DRCs are designed to assist taxpayers in resolving disputes related to specified orders, offering an alternative to prolonged legal proceedings.

Eligibility Criteria

The scheme applies to orders where the aggregate sum of variations does not exceed Rs 10 lakh, and the returned income for the relevant assessment year does not exceed Rs 50 lakh. Orders based on search/surveys or information received under international agreements are excluded from the scheme.

Application Process

Taxpayers can file applications electronically through Form No. 34BC on the Income Tax department’s e-filing portal. It’s important to note that the application deadline is within one month from the receipt of the specified order. Additionally, for appeals already filed and pending before the Commissioner of Income-tax (Appeals), applications can be submitted until September 30, 2024.

Time-Bound Resolution

The DRCs are mandated to pass orders within six months from the end of the month in which the application is admitted. For specified orders passed on or before August 31, 2024, where the appeal filing deadline hasn’t lapsed, applications can be submitted until September 30, 2024.

Implementation Timeline

The e-DRS application process is currently live on the Income Tax Department’s portal.

Accessing the e-DRS Module

To access the e-DRS module, taxpayers should follow these steps:

  1. Log in to the Income Tax portal at https://eportal.incometax.gov.in using your PAN or TAN as the user ID.
  2. Navigate through the following path: Dashboard -> e-File -> Income Tax Forms -> File Income Tax Forms.
  3. Select the option for ‘Dispute Resolution Committee in Certain Cases (Form 34BC).
  4. Fill out Form No. 34BC, ensuring all details are accurate.
  5. Review the details and proceed to e-verify the form using one of the following methods: Aadhar OTP, EVC (Electronic Verification Code), or DSC (Digital Signature Certificate).

The e-Dispute Resolution Scheme (e-DRS) represents a significant step towards providing taxpayers with a streamlined and efficient process for resolving Income Tax assessment-related disputes, ultimately contributing to a more taxpayer-friendly environment.

Radhika Goyal is Author of Taxconcept Gurugram head office, for deeply reported tax, gst and income tax articles on issues that matter. He splits her time between New Delhi and Bengaluru, and has worked...