Commercial’s E-Dispute Resolution Scheme, 2022 for Small and Medium Income Tax Payers by Ram Dutt Sharma – 2nd Edition 2024.

Commercial’s E-Dispute Resolution Scheme, 2022 for Small and Medium Income Tax Payers by Ram Dutt Sharma – 2nd Edition 2024.

About the book

In pursuance of section 245MA in the Income-tax Act, 1961 (hereinafter referred to as “the Act”), the Central Board of Direct Taxes (CBDT) had notified the e-Dispute Resolution Scheme, 2022 (e-DRS) with the aim to reduce litigation and provide relief to eligible taxpayers. Section 245MA of the Act also provides for the constitution of Dispute Resolution Committees (DRC).

The e-DRS enables the taxpayer, who fulfils certain specified conditions as stipulated in section 245MA of the Act, to file an application electronically for dispute resolution to the DRC designated for the region of Principal Chief Commissioner of Income-tax having jurisdiction over the taxpayer. To this end, DRCs have been constituted in all 18 jurisdictional Pr. CCIT regions across the country. The list of such DRCs along with their e-mail addresses is available on:

As per e-DRS, a taxpayer can opt for e-Dispute Resolution against the ‘specified order’ as defined in clause (b) of the Explanation to section 245MA of the Act, which includes an order in which the aggregate sum of variations proposed or made does not exceed Rs.10 lakh and returned income for the relevant assessment year does not exceed Rs. 50 lakh. Further, such order should not be based on search/surveys or information received under an agreement referred to under section 90 or 90A of the Act.

According to e-DRS, a DRC may make modification to the variations in the specified order and decide to grant reduction/waiver of penalty and prosecution in accordance with the provision of rule 44DAC of the Income-tax Rules, 1962 (hereinafter referred to as “the Rules”). The DRC is mandated to pass its order within six months from the end of month in which application for dispute resolution is admitted by it.

The application for e-DRS is to be filed in Form No. 34BC referred in rule 44DAB of the Rules, on the e-filing portal of the Income Tax Department, within one month from the date of receipt of specified order. In cases where appeal has already been filed and is pending before the Commissioner of Income-tax (Appeals), the application for e-DRS, is to be filed on or before 30.09.2024. In cases where the specified order has been passed on or before 31.08.2024 and the time for filing appeal against such order before CIT (Appeals) has not lapsed, the application for dispute resolution can be filed on or before 30.09.2024.

This is another initiative by the Government towards minimising litigation. All in all, the New Direct Tax Dispute Resolution Scheme seeks to resolve disputes at a very early stage and will be even more useful in resolution of disputes at a larger scale in future.

This book deals with all the legal aspects of e-Dispute Resolution Scheme, 2022 in respect of dispute arising from any variation in the specified order by such person or class of persons, as may be specified by the Board.

The book is written in a very simple language containing the provisions of relevant aspects of e-Settlement Scheme, 2021, e-Dispute Resolution Scheme, 2022, Immunity from imposition of penalty, etc. The specialty of the book is that it is written in a very lucid and coherent style, covering almost every aspect.

The subject has been arranged in a very systematic manner beginning with an introduction chapter and then discussing assessee who fulfils the specified conditions in respect of any specified order, file an application electronically.

The process to examine the application with respect to the specified conditions and criteria for specified orders.

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