| Query | As per form No.5 issued by the department about one year back, I am entitled for refund of Rs.2.5 lacs. However, till date the refund has not been received. Grievance was also filed in the CPGRAM portal about 7 months back but refund is still pending. Please suggest me remedy for the same |
| Answer | The assesseee can file writ before the High Court . The assessee may also write to Shri S.R Wadhwa Chairman Representation committee of the AIFTP ,who is interacting with the BOAD on day to day basis as regards the functioning of portal . His email is , wadwasr@hotmail.com or aiftpho@gmail.com (read more) |
Answers to queries on Vivad Se Vishwas Scheme
| Query | In the month of Sept., 2021, I have filed form No.4 after making the payment of taxes and form No.4 can be downloaded from the portal. However, till date form No.5 has not been issued. Not only it, portal still shows “Issue form No.4”. What is the remedy? |
| Answer | The assessee may write to the Designated Authority . If no response is received with in reasonable time , the asseessee may write to the Chairman CBDT .If no response is received the assessee may have to file writ before the High Court . The assessee may also write to Shri S.R Wadhwa Chairman Representation committee… (read more) |
| Query | Assessee has withdrawn 4 appeals in Feb 21 filed in ITAT on the fact taking these in VSVS option . Itat allowed the withdrawn in Feb 21 by passing orders. Can restoration is permissible after 10 months u/s 254 of itact? Or under Itat rules. |
| Answer | The assessee can make an application under section 254(2)) of the Act , for restoration of appeal . The application for restoration may have to be made expeditiously . The period of limitation is prescribed under the Income tax Act is not applicable for restoration of appeal as per VSVS Act. In E. Sankaran v.… (read more) |
| Query | Sir, In the Form I of DTVSV, the appeal reference number was reported wrongly. It was an inadvertant error and the Designated authority has also issued the Form 5 based on the wrong reference number. HOW THE REFERENCE NUMBER IN FORM 5 CAN BE CHANGED. WHAT IS THE PROCEEDURE FOR MAKING SUCH CHANGE. |
| Answer | The assessee can make an application before the competent authority stating the inadvertent mistake of appeal reference number . The Competent Authority has the power to rectify the mistake . . Please also refer CBDT Circular 21 of 2020 (2020) 429 ITR (St) 001with a view to provide clarification Q. No 89 Q. Once declaration is filed… (read more) |
| Query | Sir, We have filed an application under VSV Scheme regarding penalty order of under section 272A (1)(d) for AY 2017-18. Regarding this 25% of penalty was paid, CIT appeal was withdrawn and Form 4 was filed. Form 5 was issued by the department and Hon’ble CIT has passed the order and withdrawn the appeal u/s 272A(1)(d) on 29.10.2021. However, we have again received an order of Hon’ble CIT appeal that our appeal pending for the said year under section 143(3) has also been withdrawn. However, we have neither filed any application or withdrawn appeal under section 143(3). What would be the resolution for this. As the order is from NFAC we could not file any application to NFAC?? |
| Answer | Please make an application u/s 154 before the CIT ( A) stating that , the assessee has not withdrawn the quantum appeal filed against the assessment order u/s 143 (3) of the Act hence the appeal may be restored . It is also desirable to file an appeal against the order of CIT ( A)… (read more) |
| Query | we have received final order in FORM 5 in DVSV Scheme determining refund to assessee. now what to do by assessee to get refund & with in how many days refund will be credited in account. |
| Answer | The refund will be transferred to the account of the assessee, as per the record of the Income -tax Department . In case the refund is not received in due course of time , the assessee is requested to file an application in the portal and also an application before grievance cell . In case… (read more) |
| Query | we have received final order in FORM 5 determining refund to assessee. now what to do by assessee to get refund. whether in faceless assessment regime AO will issue the refund or it will be transferred in account. |
| Answer | The refund will be transferred to the account of the assessee, as per the record of the Income -tax Department . In case the refund is not received in due course of time , the assessee is requested to file an application in the portal and also an application before grievance cell . In case… (read more) |
| Query | Sir , In such platform , various professional ask only one query , after submitting of form – 4 portal shows “Awaiting Signed Form 5 from CIT” then how to deal with such issue, so for the benefit of public please give a drafted request letter to Designated Authority for issuance of FORM 5 as earliest as possible |
| Answer | It may be desirable for the professional organisations like , the All India Federation of Tax Practioners , Bombay Charted Accountant’s Society or the Chamber of Income tax Consultants to make a representation before the CBDT . In case the CBDT is not responding the Associations may file PIL or Writ petition before the High… (read more) |
| Query | I am not able to upload my form 4.HUF pan linked to individual pan of kartha which is linked with aadhar.kindly advice. |
| Answer | Please contact the Designated Authority . The assessee may also write to Shri S.R Wadhwa Chairman Representation committee of the AIFTP ,who is interacting with the BOAD on day to day basis as regards the functioning of portal . His email is , wadwasr@hotmail.com or aiftpho@gmail.com (read more) |
| Query | Sir, I’ve received Form 3 and has paid tax. But I’ve not filed Form 4.What is the last date to file Form 4 |
| Answer | There is no time limit is prescribed under the Act . However it is desirable to file at the earliest . (read more) |