| 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. |
| 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 As regards pendency of appeal before CIT (A) is concerned it will be treated as deemed to be withdrawn .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) |
Answers to queries on Vivad Se Vishwas Scheme
| Query | sir, |
| 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. |
| 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. 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) |