Answers to queries on Vivad Se Vishwas Scheme

Generic selectors
Exact matches only
Search in title
Search in content
Post Type Selectors
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

This section is now closed. Please ask your questions at our new Q&A section
The answers given below are in response to queries asked by other people.
Query

In one of my clients case assessment was u/s 143(3) was completed and demand was createda sunder :
Gross tax — 5,53,342
Education Cess — 16,600
Net tax — 5,69,942
Interest u/s 234 A — 33,848
Interest u/s 234 B — 97779
Gross Demand — 7,01,569

Less : Taxes Paid
TDS/TCS — 46,867
Advance Tax — 1,00,000

Final Details :

Total tax and
Interest payable — 5,54,702

The Disputed Tax
as per Taxpayer in
Form No.1 has been
shown amounting to Rs. 5,54,702
but the Designated Authority has taken it Rs. 7,01,569/-

QUESTION :
What will be the amount of disputed Tax ??

Answer The Tax calculated by the Designated Authority seems to be wrong .  The Assessee can make an application for rectification or may file revised declaration .  Please    refer question No  Circular No. 9 /2020 dt 22 -4 2020  Q.No. 46 . Whether DA can amend his order to rectify any patent errors   . Ans .… (read more)
Query

I filed form 1&2 then revised the same once. Now Department issued form 3. demand under form 3 was determined wrongly. how can i revised or rectify the same?

Answer The Assessee can make an application for rectification or may file  a revised declaration .  Please    refer question No  Circular No. 9 /2020 dt 22 -4 2020  Q.No. 46 . Whether DA can amend his order to rectify any patent errors   . Ans . Yes , DA shall  be able to amend his order under… (read more)
Query

Initially I received an intimation under section 143(1).In the intimation there an amount of 2,00,000/- higher than the returned income and there was an interest under section 234B and 234C in the said intimation. Later information sought by the department has been submitted and an assessment under section 143(3) has been completed. The learned AO completed the assessment without making any additions and accepted my original returned income. After an assessment, the computation is done without deleting the interest under section 234C but 234B interest deleted. The same interest mentioned in 143(1)(a) intimation carried even after assessment also. Kindly tell us possible reasons for non waiving of 234C interest.

Answer The Tax calculated by the Designated Authority seems to be wrong .  The Assessee can make an application for rectification or may file revised declaration .  Please    refer question No  Circular No. 9 /2020 dt 22 -4 2020  Q.No. 46 . Whether DA can amend his order to rectify any patent errors   . Ans .… (read more)
Query

Can form 5 issued
Be canceled by income tax authorities and re issue form 3

Answer Yes .  Please    refer question No  Circular No. 9 /2020 dt 22 -4 2020  Q.No. 46 . Whether DA can amend his order to rectify any patent errors   . Ans . Yes , DA shall  be able to amend his order under section 5 to rectify any apparent errors . Please also  refer  CBDT  circular… (read more)
Query

IN OUR CASE AN ORDER IS PASSED U/S. 201(1) DETERMINING AN AMOUNT OF RS. 2,05,00,000/- ON WHICH TAX SHOULD BE DEDUCTIBLE U/S. 195 OF THE ACT. WE HAVE FILED A RECTIFICATION APPLICATION WITH NECESSARY EVIDENCE BEFORE AO POINTING OUT MISTAKE IN THE FIGURE ADOPTED BY THEM AND IN ALTERNAE ALSO REQUESTED TO PROVIDE THE DOCUMENTS BASED ON WHICH SUCH FIGURE ARE WORKED OUT. IN THE MEAN TIME ALSO FILED FORM NO. 1 UNDER THE SCHEME. AO HAS REJECTED OUR APPLICATION WITHOUT ANY BASE AND ALSO NOT PROVIDED THE DOCUMENTS BASED ON WHICH FIGURE OF RS. 2,05,00,000/- IS ARRIVED. CAN WE CHALLANGE THE REJECTION ORDER FOR RECTIFICATION BEFORE CIT (A) AND ALSO OPT FOR VSV SCHEME. IF LATER ON CIT(A) HELD IN OUR FAVOUR FOR 154 REJECTION AND WE PAY THE AMOUNT AS DETERMINED BY DA WITHOUT CONSIDERING OUR RECTIFICATION THEN WHETHER SUCH EXCEES AMOUNT WILL BE REFUDABLE TO US?

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 .  The assessee may write to the Designated Authority  stating the  tax… (read more)
Query

I have submitted form 1 and 2 for three assesment years.i received form 3 for only one year.rest two years not received …what to do

Answer Please write to the Designated Authority . It may be in process, the assessee may get the clarification . (read more)
Query

Thanks for answer given by your goodself to my query regarding applicability of this scheme where petition u/s 264 has been filed. I understand that the case is covered for filing declaration under the scheme. But the Designated Authority has rejected my declaration with the following reasons:
“The assessee has filed declaration on disputed tax determined u/s 143(3) r.w.s 147 wherein only Rs.515/- was added to the returned income, the assessee is in revision u/s 264 and has disputed the entire income assessed u/s 143(3) which included included returned income of Rs.687490/-. Since the declaration is factually incorrect, the same is being rejected.”

As already brought to you in my query, I have filed revision petition on the issue of income wrongly declared in the ITR on account of long term capital gain as the land sold was not a capital asset and only 50% share of sale consideration belong to assessee. The returned income was declared wrongly by the tax professional. In view of these facts, pl. guide whether the decision of the designated authority is as per Law. If not which remedy should be taken to avail the benefit of this scheme. THANKS FOR HOPING FOR EARLY REPLY.

Answer Considering the facts of the assessee , it may be desirable to  argue the matter before the competent  Authority on merit.   Designated Authority under  Vsv  Scheme  cannot decide the issue on merit .  The view of the Designated Authority is in accordance with the law . (read more)
Query

Thanks for answer given by your goodself to my query regarding applicability of this scheme where petition u/s 264 has been filed. I understand that the case is covered for filing declaration under the scheme. But the Designated Authority has rejected my declaration with the following reasons:
“The assessee has filed declaration on disputed tax determined u/s 143(3) r.w.s 147 wherein only Rs.515/- was added to the returned income, the assessee is in revision u/s 264 and has disputed the entire income assessed u/s 143(3) which included included returned income of Rs.687490/-. Since the declaration is factually incorrect, the same is being rejected.”

As already brought to you in my query, I have filed revision petition on the issue of income wrongly declared in the ITR on account of long term capital gain as the land sold was not a capital asset and only 50% share of sale consideration belong to assessee. The returned income was declared wrongly by the tax professional. In view of these facts, pl. guide whether the decision of the designated authority is as per Law. If not which remedy should be taken to avail the benefit of this scheme. THANKS FOR HOPING FOR EARLY REPLY.

Answer Considering the facts of the assessee , it may be desirable to  argue the matter before the competent  Authority on merit.   Designated Authority under  Vsv  Scheme  cannot decide the issue on merit .    The view of the Designated Authority is in accordance with the law .   (read more)
Query

Dear Sir/Ma’am,

In my case, appeal is pending before ITAT & I have made declaration under Vivadh Se Vishwas Act, 2020 computing 25% of disputed tax payable but as per form 3 received from department, there is mismatch of tax amount payable as relief given by CIT(A) is not considered. And also for filing form 4, proof of withdrawal of appeal is required- how do I file it? Please provide the solution that in such case, what should be done.

Kindly do the needful.

Answer Please refer CBDT circular  No. 21 /2002 dt 4 -12 2002, Q No 89 and Answer given by CBDT . As the answer given by the CBDT the assessee can file revised declaration any number of times before the DA issues a certificate under section 5(1) of Vivad Se Vishwas . The assessee may file… (read more)
Query

I have applied in vivad se vishwas scheme. My penalty amount is approx 3cr the payment has to be done before 31/3/2021 if not then interest will be charged. My problem is if i give half payment of 1.5cr before 31/3/21 and half afterwards what will be interest percentage charge and on what amount it will be charge (the remaining amount or on the full penalty amount). Can i payment half amount before 31/3/21 and half after the above mentioned date

Answer Please  refer Circular No 18 /2020 dt 28 -10 -20220 , circular in respect of payment of tax . As per the Circular the declarant can make the payment without additional amount on or before 31 St March , 2021    Please also refer Circular No 21 /2020 dt 4 -12 -2020.  Q.No. 87 . and… (read more)