Query | My client’s case is a Non Search Case and he has filled in the Tax payable. But the Form is insisting on “Tax Payable for Search Case” also and not accepting Zero – it is showing the Error “enter Valid amount” |
Answer | The assessee may have to approach the Designated Authority . This error is noticed by number of assesses. The assessee may try again , the Department must have rectified in their system . (read more) |
Answers to queries on Vivad Se Vishwas Scheme
Query | My assessees return was processed for the ay 2015-16 and refund of Rs 172284/- was received including interest of Rs5166/-.Subsequently the case was selected for scrutiny and a demand was made of Rs 272450/-including interest u/s 234a 9656/-,234b 18744/- ,244a 5166/-,234d 9760/-.The assessee opted for vivad se viswas scheme and filed the same .However on receipt of Form 3 it is seen the only 234a and 234b has been waived and interest under 244a and 234d have been demanded with disputed tax .May i know whats the correct treatment .Is the interest waived is only with respect to disputed tax ??Kindly help |
Answer | Section 234D is on excess demand and Section 244A is interest on refunds . 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 . (read more) |
Query | In my case after issue of Form 3 on 14/12/20 a communication has been received giving a revised Form 3 increasing the Tax payable quoting a Circular by CDBT dated 4/12/20. My case while it was of Assesment under Sec 143 as also informed in Form 1 submitted by me is now being treated as a Search case due to some guidelines in the captioned circular. Sec 5(3) of the VsV scheme clearly stipulates the the Form e once issued is conclusive and can not be reopened in any subsequent proceeding under the OT Act. |
Answer | On the facts it seems that the assessee has not paid the tax as demanded by the Designated Authority, and before the payment of the tax in dispute revised intimation is sent by the Designated Authority based on the interpretation of given by the CBDT Circular No 21 dt 4 -12- 2020 question No .70… (read more) |
Query | Assessment order u/s 147 read with sec. 144 passed and later on Ex-parte order u/s 271(1)(C) also passed by the same AO in the same case. The appeals against both the orders are pending with CIT (A). What will be the liability under VSVS? only Tax amount or Tax + 25% of penalty..? |
Answer | Only on tax in dispute . One the quantum appeal will be settled , the interest and penalty will be waived . Please refer Circular No. 9 dt 22-4 -2020 , Q. No 34 and Ans , once the quantum appeal is settled the penalty is automatically covered , the assesssee is required to indicate… (read more) |
Query | The assessment is done u/s 143(3) and addition is made for LTCG for penny stock case. No search / search assessment was done on the assessee. We have filed for VSV. The AO is planning to amend calculations of Tax considering this as a search case based on Q no. 70 in FAQs. He is of the view that search was done on a kolkata based entity and from that the informations has been passed by the investigation wing. Hence according to him the Reply to the FAQ applies in our case. Kindly guide. |
Answer | The assessee is right similar view is advanced by the Officers across the Country , it seems the representation is made by the Tax Prctioners . If the Board is not accepting the representation the aggrieved assessee may have to file Writ before High Court . (read more) |
Query | Sir, |
Answer | There could be some delay in forwarding the intimation , that will not invalidate the form submitted by the assessee. The Assessee can make the payment on or before March , 2021 , without payment of additional amount . Refer Circular No 18/2020 dt 28 -10 2020 (read more) |
Query | AO passed the order U/s 143(3) r.w.s. 147 by making addition. Later Assessee filed the appeal with CIT (A) who unfavours the assessee by confirming the addition made by AO. Assessee later filed the appeal with ITAT which given the decision on 19/12/2019 as “The Assessing Officer shall grant reasonable opportunity of being heard to the assessee in accordance with set principles of natural justice. Thus, all the grounds raised by the assessee in this appeal are allowed for statistical purposes.” Till date no notice is being issued by AO for hearing. Now assessee wants to opt for VsV can he apply for the same. Also how he can show the appeal pending in the Form No.1. |
Answer | The assessee can avail the benefit of the scheme as the limitation for filing an appeal before High Court has not expired as on 31 -1-2020 .ie. As per S. 260A (2) (a) of the Act, the limitation for filing the appeal is 120 days from the receipt of the order. Please refer , Circular… (read more) |
Query | A CASE OF 194-I RELATING TO DEDUCTION OF TDS FOR AY-2010-11. THEN HOW ASSESSEE CAN OPT FOR SUCH SCHEME. |
Answer | The assessee can avail the benefit of the scheme . Rules or forms cannot go beyond the the provisions of the Act. As per S. 2(1) (a) defines the appellant , as per the definition the assessee is eligible . Section 2 (n) defines the specified date i.e. means the January , 2020. Also refer… (read more) |
Query | Hello Sir Assessee’s appeal for AY 2009-2010 in ITAT was partly allowed, bogus purchase addition is reduce from 12.5% to 5% |
Answer | Please refer Section 3 proviso and Circular No dt Q. No 39 . Ans : In this case on the issue where the taxpayer has got the relief from ITAT in an earlier year ( not reversed by HC or SC ) the disputed tax shall be computed at half of normal rate of 100%… (read more) |