Answers to queries on Vivad Se Vishwas Scheme

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We have requested a panel of experts to assist taxpayers and professionals on questions relating to the Vivad Se Vishwas Scheme. The panel comprises of Dr. K. Shivaram, Senior Advocate, CA Rajan Vora and CA Pradeep Kapasi. If you have a query, please use the form to ask it. We will request the panel to provide an answer as soon as possible.
See also Vivad Se Vishwas Scheme: The Law, Procedure And Dilemma where a link to all necessary resources is given

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The answers given below are in response to queries asked by other people.
Query

I had filed form 1 and 2 under the scheme vivad se vishwas on 19th Oct 2020 and case was approved and payment was requested to be paid before the due date. The payment was made on 16th April 2021 and form 4 was also submitted along with the payment acknowledgment. Till date of query I’m still awaiting for form 5 from CIT.
The appeal filed is still open do I need to withdraw the same or will it be deemed withdrawn?
And what time do I need to wait for closure of case under vivad se vishwas and appeal.

Answer The Appellant  will get the form No 5 in due course of time .  As regards pendency of appeal before  CIT (A) is concerned it  will be treated as deemed to be withdrawn . Please refer Circular No  9  dt 22-4 2020 ,   Q. no 43 and answer given by CBDT   Ans.: Under the amended… (read more)
Query

sir,
I am an NRI (individual) with long term capital gain (loss) from share trading in my NRO shares.
i am not clear if i should provide details in 112A or i15A? or both?
they look similar and the details are too technical for me to understand

Answer Section 115A of the Income-tax Act, 1961 (Act) pertains to “Tax on income of Foreign Institutional Investors from securities or capital gains arising from their transfer” which is not the case of the assessee as the assessee is an individual.   Section 112A of the Act pertains to “Tax on long-term capital gains in certain cases” which… (read more)
Query

sir, form 1 & 2 filed with 50% of disputed tax shown as payable. form 3 issued with 50% disputed tax plus proportionate interest allowed earlier u/s 244A. is it correct. please clarify.
regards,
ch. hari krishna

Answer If he revenue has paid the excess interest based on the intimation , the revenue will be justified in  demanding the excess interests paid by them,  however the Act is silent on the issue . The assessee has no remedy than filing the writ before High Court , however it is not desirable .  … (read more)
Query

Sir I had filled the form in Vivad se Vishwas, its approval came form-3 I did not download it at that time now how can I download it from the new Income Tax portal

Answer The assessee should down load the form  .  In case any difficulty the assessee may contact the Designated Authority .   (read more)
Query

For Assessment Year 2020-21 ( FY 2019-20), I have filed ITR. Under section 80ccd(2) I have put wrong details i.e. instead of Rs. 190000 put Rs. 135000. Can I file request for rectification under 154(1)?

Answer The assesee can file  an application for rectification of mistake . It is the duty of the Assessing Officer to rectify the mistake and grant the relief as per the law . Article. 265 of the Constitution of India states  that “No tax shall be levied or collected except by authority of law“. The collection… (read more)
Query

While submitting Form 4 on new portal error is Submission Failed – No response received from Server

Answer We have been informed by many Tax professionals  that they are not getting the response from  New portal  as regards  DTVSV. Please write to Designated  Authority .You may also email  in detail  the problem relating to New Portal to Shri S.R Wadhwa , Chairman Representation Committee of the All India Federation of  Tax Practioners (AIFTP… (read more)
Query

I have deposited VVS scheme challan and challan starts with 0 i.e challan no. is 04559 but when I file this chllan no. [Form No. 4 DTVSV ] it does not take zero and shows only 4 digit and show error in challan no.

Answer There is no separate Challan  has been prescribed .  Most of the assesses  have paid taxes   by using  regular assessment tax challan , with minor head 400 . Write properly the PAN  NO and Assessment year .   If  PAN NO is  written   correctly  the  Designated Authority will  grant credit for the amount paid . The… (read more)
Query

sir i had received refund on the same year for which we file details under VSV, now there is a difference between tax arrear calculation by taxpayer and tax arrear calculation by income tax authority. Is there they charged interest or penalty on earlier received refund

Answer The assessee may file rectification application before the Designated Authority .  In case no rectification is done with in a reasonable time the assessee may have to file writ before the High Court . (read more)
Query

Miscellaneous application u/s. 254(2) of IT Act was filed by the Department recalling ITAT Order which has been rejected by the Hon’ble ITAT. Department has once again filed another Miscellaneous application u/s. 254(2) of IT Act to recall the order passed by the Hon’ble ITAT.
The filing of 2nd miscellaneous application is valid as per law. Any case laws in this regard.

Thanking you in advance

Answer In CIT v. Vasantben H. Sheth [2015] 372 ITR 536 (Guj.)(HC), it was held that second application on same grounds was not maintainable, and hence, the Tribunal was not justified in considering second application and rectifying its order. {Also see: S. Panneerselvam (Dr.) v. ACIT (2010) 217 Taxation 260 / Tax. L.R. 326 (Vol. 40… (read more)
Query

I COULD NOT FIND PREVIOUS FORMS FILED UNDER VIVAD SCHEME IN THE NEW INCOME TAX PORTAL AS I HAVE TO FILE FORM NO.4 AFTER MAKING PAYMENT ON 30.6.21. KINDLY GUIDE

Answer VSTA Form cannot be up loded presently on the new system portal as it does not have a tab for the same , please visit NSDL portal . It may desirable to contact Deisgnated Authority and also write tto the Chairman CBDT . In case no reply is received it may be desirable to file  writ petition before… (read more)