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

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)
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

In a case, an assessment was made denying the exemption under section 54 claimed by the assessee on the ground that the new residential property constructed was used for commercial purposes though initial approval was given by the Corporation for residential unit. While completing the assessment the A.O. did not allow any deduction for cost of acquisition (CoA) on the ground that it was not claimed in the return though in the course of the hearing request was made in writing to allow the CoA. Both appeal and rectification application was filed. The A.O. after nearly 10 months rejected the rectification application. Can VSV application be filed with the request to allow payment of tax only on the amount payable after CoA which is allowable under the law? Can the Designated Authority direct the A.O. to compute the tax after deduction of CoA?

Answer If the assessee desires  to settle the issue the tax has to be paid on the quantum of addition disputed in the appeal memo . The Designated   Authority has no power to issue any direction to the Assessing Officer. The assessee may have to file an appeal before the CIT (A) against the rejection of… (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,
Under DTVSV scheme i have submitted form 4 online. But have not received any acknowledgement for the same. Its shows form was submitted. How do we check if it has been received by the authorities. And after submission of form 4 what is the time period to receive form 5 from the authorities

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.
ASSESSEE HAVE NOT DEDUCTED TDS ON RENT, AN DEMAND WAS RAISED AGAINST IT, FOR WHICH I WAS OPTING VIVAD SE VISHWAS SCHEME,WHILE LOGIN TO WEBSITE,ON TAB OF SCHEME SELECTING ASSESMENT YEAR TAB IT SHOWING FROM AY 13-14.
AND THE ASSESSEE HAVING A CASE OF 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%
Assessee did not file appeal against the ITAT order.
Department has filed appeal in High court against the order of ITAT.
Assessee has two more appeal pending before CIT (A) on similar grounds and fact.
Now will assessee get benefit of 50% on having favorable judgment from higher authority in VsV for this two pending appeal before CIT (A) which are on same ground and facts?

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)