| Query | Since the time limit for payment without additional amount is extended to 30th April, 2021 vide Notification No. 09/2021/ F.No. IT(A)/01/2020-TPL dated 26th February, 2021 by CBDT, whether the last date for payment of amount under VSVS without additional payment in earlier certificates [Form 3] issued before 26th February, 2021 by Designated Authorities will also be 30th April, 2021 [it is mentioned as 31st March, 2021 in the Forms issued before 26.02.2021]. Notification specifies only Act/earlier Notification and not the forms [Form 3] issued earlier. |
| Answer | Since the earlier notification dated 27 -10 -2010 has been amended vide the abovementioned notification, even earlier forms issued will also be covered and payments made upto April 30, 2021 will be as per the third coloumn of the table to section 3 of VSVA. (read more) |
Answers to queries on Vivad Se Vishwas Scheme
| Query | Hi, Is it possible to awail vivad se vishwas scheme of Income tax of 31st MArch 2021, we have not yet filed appeal, as we recoived the assesment order by 1st march 2021, Regards |
| Answer | As per section 2 (1)(a) of The Direct Tax Vivad Se Vishawas Act , 2020 , the appellant means whose appeal is pending as on specified date , ie 31 st Day of January 2020 . Please also refer Circular No 9 /2020 dt 22 -4 -2020 Q. No .1 and answer given by the … (read more) |
| Query | The interest under 234D is charged while passing order vide section 154 along with quantum addition . I am in appeal from that order . I applied for rectification of order vide section 154 . Another order is passed stating that 234d is correctly charged |
| Answer | Please refer circular No . 9 /2020 dt 22-4 -2020--Q, No . 42 and answer given by the CBDT, which state that any amount paid in pursuance of a declaration made under the Vivad Se Vishawas shall not be refundable under any circumstances . Please also refer Section 5 (3) of the Direct Tax Vivad… (read more) |
| Query | I have filed form 1 & 2 as non search case for assessment done u/s 143(2) rws 147 (reopened on the basis of information received from investigation office ) dept also considered in form 3 as non search case but by putting remarks (where reference of q no 70 of CBDT circular no 21 of 2020 dated 04/12/2020 has been made as disputed addition was based on search executed in another taxpayer case.) tax has been calculated as search case i.e. 1.25 what should i do |
| Answer | According to us the interpretation of the CBDT is not in accordance with provision of the VSV Act. A Writ petition is filed before the Bombay High Court in Sushil Bhatia HUF v .PCIT ( WPNO. (L) (No. 4666of 2021 dt 23 -2 -2021 , wherein Delhi High Court order in Ashsih Saraf v .PCIT… (read more) |
| Query | Dear Sir Application under Vivad Se Vishwas Filed on 13.02.2021. FORM No. 3 issued on 03.03.2021. Application U/s. 264 disposed / dismissed on 03.03.2021 for which order from CIT office was received on 04.03.2021. Since Form No. 3 issued on 03.03.2021, Can we make tax payment and file Form No. 4. What proof of withdrawal of Application we should attach as Order was received on 04.03.2021 Is there any chance of revision of Form No 3 by DA |
| Answer | The assessee is eligible for the Scheme . Please refer Circular No. 21 dt. 4 -12 -2020 Q. No 56 and Answer given by the CBDT wherein the CBDT clarified that even if the appeal is disposed bt the appellate Authority , still the assessee is eligible . Please verify whether the application u/s 264… (read more) |
| Query | WE HAVE FILED DECLARATION UNDER FROM -1 BUT WRONG FIGURE PUT IN TAX ARRER COLUMN DA ISSUED FORM BASED ON WRONG FIGURE, WHAT WILL BE REMADY TO ASSESSEE, ASSESSEE CAN REVISED THIS FORM AFTER ISSUING OF FORM -3 UNDER SECTION 5(1) OF VIVAD SAI VISHWAS ACT 2020. |
| Answer | Please refer CBDT circular No 21 / 2020 dt 4 -12 -2020 , Q. No. 89 and answer given by the CBDT . As per the clarification issued by the CBDT ,Declaration filed by the asseessee can be revised any number of times before the DA issues a certificate under section 5(1) of Vivad se.… (read more) |
| Query | Under DTVSV received Form no 5 showing refund amount and want to ask when will refund amount will be credited in my Bank account |
| Answer | Please refer CBDT Circular No. 9 /2020 dt 22 -4 -2020 . Q. No. 5 and Answer by the CBDT , wherein the Board has Clarified that the assessee is entitle to refund without interest under section 244A of the Act . After receipt of certificate under section 5( 1) of the Act, issued by… (read more) |
| Query | I have filed a declaration under Vivad se Vishwas Scheme and Form 3 was issued. While filing the form 1 tax due was mentioned as per the assessment order in which credit for TCS was not given. Subsequently, tax demand was revised giving credit for TCS, so the tax payable is reduced for that I wanted to file a revised declaration but when tried to revise the message is Form 3 is issued the revision is not allowed. What to do now ? |
| Answer | Please refer CBDT Circular No 21 / 2020 dt 4 -12 -2020 , Q. No. 89 and answer given by the CBDT . As per the clarification issued by the CBDT ,Declaration filed by the assesseee can be revised any number of times before the DA issues a certificate under section 5(1) of Vivad se.… (read more) |
| Query | Form 4 filled on Jan 6, 2021 and still awaiting form 5. Received 4 separate notices u/s 250 from CIT(A) National faceless appeal centre asking to upload request for withdrawal of appeal, appeal no. form 1, 3 & 5 (if issued), which I submitted each time. Now in the fourth notice , in the annexure, they have requested only form 5, which I already replied to earlier notices that it is not yet issued to me and will again reply to them accordingly. Now whom (which specific designated authority) to follow up for form no.5 ? What will happen if it is not issued till March end or late as there is no time limit for them ? |
| Answer | The assessee has to approach the Designated Authority of the Assessee concerned . In case any difficulty the assessee is adviced to approach the Principal Chief Commissioner of Chairman CBDT for issuing clarification . (read more) |
| Query | Out of the Total Additions ITAT upholding the CIT-(A) order gave part relief and upheld the balance addition (same ground of appeal). The Department filed Appeal to High Court for relief but Assessee after filing cross objections before ITAT took no action for filing to High Court for the demand upheld. Now the Question arises whether under VSV Scheme the Entire addition is disputed or only the amount for which Department has appealed is to be considered as disputed and balance demand has to be paid by Assessee along with Interest? |
| Answer | Please Refer Circular No 21/2020 dt 4 -12 -2020 Q. No. 60 and Answer given by the CBDT , as per the CBDT cross objection pending as on 31 January 2020 will also be covered. It seems the appeal and cross objection was disposed before 31 st January 2020 and the Department appeal is pending… (read more) |