Tax Dispute Resolution Committee (TDRC)

In case of reconsideration request is rejected by the FTA for waiver of Tax and Administrative penalty, how to apply for objection to TDRC - Any form available online or by E mail we have to apply ?

Replies
Mahmoud Abuwasel02/06/2020 18:57:10

Yes. The process is mostly digital. Submission of an objection is done via email using a specific form provided by the MOJ. However, the form is supplemented with litigative procedural pleadings as would be presented before a court trial judge, as the TDRC is overseen by the a trial judge whose decisions have judicial power. Feel free to email me at mabuwasel@waselandwasel.com and I can share details of the process with you.

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SAJITH N02/06/2020 19:23:20

Sir, thank you as such information may not be publicly known to everyone. Just one related question. Article 27 of TPL cites the time limit for submission of reconsideration form as "....within 20 business days from him being notified of the decision". Does the time limit commence from the date of the notification itself or the day following the date of notification. Eg: if the notification is dated June 01, 2020, does the time for 20 business days commence from June 02, 2020 only?

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Mahmoud Abuwasel02/06/2020 19:35:35

Sajith: If the notification is by email, the timebar starts from the date the notification is sent (not recieved) pursuant to the provisions governing email notification in Decisions 58/2018 and 33/2020 amending the Civil Procedures Law. But - the T&CS of using the FTA platform state that any posting on the portal is deemed a notification, so even if no email is sent, but merely a posting on a taxpayer's portal, that is deemed a notification. You see; these are multifaceted issues. Again, feel free to email me at mabuwasel@waselandwasel.com.

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SAJITH N02/06/2020 20:33:33

Thank you and appreciate you response sir! This query had been in my mind whether a misinterpretation regarding this which may lead to a delay of one day would sufficient grounds for rejection of the request by the Authority.

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CA Rahib Tinwala02/06/2020 20:36:20

Thank you so much sir for such a valuable information and advise..

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Mahmoud Abuwasel02/06/2020 21:19:24

Hey Sajith: Just to clarify - I reread your question - the time bar starts from the date the email is sent (or post is made on the FTA Portal) but you start counting from the first weekday thereafter. See here for detailed explanation: https://waselandwasel.com/articles/tax-dispute-time-bars-weekdays-not-business-days/

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SAJITH N02/06/2020 22:38:09

Thank you sir!! Highly informative article.

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