Answers to queries on Vivad Se Vishwas Scheme

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The Union Honourable Finance Minister, Mrs Nirmala Sitharaman during her budget speech on February 1, 2020 (2020) 420 ITR 115 (St) (146) proposed to introduce a scheme at para 126 of the speech for settlement of disputes. Subsequently, the Direct Tax Vivad Se Vishwas Act, 2020 (VSV Act) was introduced. The Scheme was extended from time to time and the last date for payment under the VSV Act, 2020 extended until October 31, 2021 by CBDT, vide Notification No. 75 of 2021 dated June 25, 2021 (2021) 435 ITR (St) 25. The said scheme has benefited the taxpayers to reduce the tax litigation. When the scheme was introduced the research team of the itatonline.org had anticipated that the taxpayers may require a number of clarifications. Itatonline.org had requested the panel of experts consisting of Dr. K. Shivaram Senior Advocate, CA Rajan Vora and CA Pradeep Kapasi to answer queries arising on Vivad Se Viswas Schme to assist the tax consultants and tax payers. The expert panel started answering the queries raised by the tax consultants on February 28, 2020 and till date the expert panel have answered more than 750 questions only on the Direct Tax Vivad Se Viswas Act, 2020. From May 15, 2021 on words the itatonline.org has introduced the new section on “Ask your questions” which answers questions regularly. It is proposed that this new panel will answer the questions pertaining to Direct Tax Vivad Se Viswas Act, 2020.
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 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)
Query

THE DEPARTMENT HAS EXTENDED TIME TO MAKE PAYMENT OF VIVAD SCHEME BY 30TH JUNE 2021. PLEASE INTIMATE THE TIME LIMIT FOR SUBMISSION OF FORM nO.4 WHERE PAYMENT IS MADE ON 30.6.21.

Answer There is no time limit now , however it is desirable to file the Form No 4 at the earliest .  (read more)
Query

We have filed form 4 of vsv before 1.5 months i.e. in the month of april 2021 and still not recieved form 5 till date. What should be done now?

Answer (read more)
Query

Respected sir,

I have filled form 1 and form 2 and also recieved form 3 for AY 1989-90. But In form 3 they have not given credit of one challan which was paid in year 1995 as it is not reflecting in system, resulting in higher tax demand. I have already submitted the letter saying the same and have asked them to provide revised form 3 so that I can make the payment accordingly.

In between this I have received the notice for penalty proceedings. The problem is since the old portal is upgraded, I cannot see the notice in e-proceedings as tab is showing it will be available shortly. Since the notice is from faceless there is also no email id to revert them. Please help out how to go ahead and give response to this letter.

Answer (read more)
Query

From where i can download Form 5 for VSVS. On the old portal there is tab for VSVS scheme, where i am able to view status for the same.
Now where can i see the same on new portal.

Answer Please contact the Designated Authority  or write to the Chairman CBDT   (read more)
Query

The Assessee was not filed return of income for AY 2013-14 though his income was taxable. Further on receipt of notice u/s 148 he filed his return within 30 days. AO passed order u/s 143(3)/147, against which he filed appeal. AO issued notice for penalty u/s 271F, assessee requested for kept in abeyance till disposal of appeal. Thereafter assessee opted for VSV and Form 5 has been issued by Jurisdictional PCIT. Now he received notice for penalty proceedings u/s 271F again. What is remedy?

Answer The  assessee has to furnish reply on merit ,  what was the  reasonable cause for not filing of the return as per section 139 (1) of the Act . As per section 273B  penalty is not leviable  if the assessee proves that there was reasonable cause . Please refer Circular No . 21/2020 dt .4th… (read more)
Query

Sir, assessee is a proprietor and claimed expenses as labour charges amounting to Rs. 2,50,000/-. In the assessment order, it is mentioned vide notice u/s 142(1) dated 20.09.2019, the assessee was again asked to furnish complete details of expenses. In response to notice, the assessee furnish reply dated 05.10.2019 stating therein that labour charges are paid in cash to the paid labour and on hire basis available at the time of shipment as the assessee was an exporter for A.Y. 2017-18. The assessee filed copy of the ledger account of labour charges. The Assessing Officer in the assessment order observed as under:

The assessee has not furnished the names all the persons to whom the labour charges were paid. Not complete evidence with regards to payment made by him. Explanation furnished by the assessee has been considered and not found satisfactory. In the absence of any satisfactory reply / justification of expenses claimed by the assessee, it will be fair to make a disallowance of Rs. 70,000/- out of expenses claimed by the assessee. Accordingly, addition of Rs. 70,000/- is made to the returned income of the assessee, penalty proceedings u/s 270A are also initiated for mis-reporting of income. In the assessment order, it is also mentioned initiate penalty u/s 270A for mis-reporting of income.

Now, the assessee has received show cause penalty notice u/s 270A through NEAC Centre on portal. Now the assessee wants to have your views and how to file the reply of show cause notice of the penalty.

The assessee has not mis-reported any income. The assessee filed copy of the ledger account of labour charges. The addition has been made on estimated basis. The penalty has been initiated for mis-reporting of income. The assessee has not mis-reported any income and it is not covered in section 270A(9). Clause (a) mentioned as mis-representation or suppression of facts. The assessee did not file any appeal against the addition as the amount of addition was very small and deposit the tax within a month of the order. Also filed form no.68 for claiming immunity u/s 270AA but that does not cover mis-reporting of income. As per my knowledge, it covers only under-reporting of income.

Sir, I seek your opinion on the above query. Mostly, while passing the assessment order, the assessing officer made lump sum addition on estimated basis. If such addition are treated as mis-reporting then the assessee will have to pay 200% of the penalty. It is a general query and may be facing most of our colleagues. Assessing Office has not specified any date / amount and name of person etc. for making addition. Please guide us as it is likely to come this problem in future in every case.

Thanking You,

With Regards,

CA S.K. Goyal

Answer Ad -hoc disallowance is not legally permissible . In  Katira Construction Ltd. v. ACIT  (2020)  185 ITD 173 (Rajkot)  (Trib.) held that when the books of account is not rejected  ad-hoc addition is held to be not justified  .  Though the assessee has not filed  an appeal against the quantum addition , the assesee can … (read more)