| Query | AS PER Q59 OF FAQ THE APPEAL IS PENDING BEFORE CIT IF DELAY IS CONDONE. THE ASSESSEE WAS FILED CONDONATION APPLICATION WHICH IS IN BUILT IN FORM NO. 35 CLAUSE 14 AND 15. NO DEFECT MEMO IS RECEIVED TO THE ASSESSEE TILL TODAY. WHETHER THE SAID APPEAL IS TREATED AS PENDING BEFORE CIT (APPEAL) OR NOT. AS WE AWARE ABOUT THERE IS NO SEPERATE PROCEDURE ADOPTED PRACTICALLY FOR CONDONATION OF DELAY. CONDONATION OF DELAY IS HEARD AT THE TIME OF FINAL HEARING. |
| Answer | There is no separate procedure for condonation of delay . On the facts of the assessee it seems the application for condonation of delay was filed along with the appeal . Please refer unreported judgement of Bombay High Court Awantika Pratap Singh Morarji v Ashwin Kumar (CIT ) WP No 1691 of 2005 dt 9-07… (read more) |
Answers to queries on Vivad Se Vishwas Scheme
| Query | The Assessee has received refund earlier with interest. Q2. What id the amount of refund that should be adjusted: 2) the refund tax amount excluding int u/s 244A ? |
| Answer | The Act is silent on this issue; it can be assumed that the interest does not have to be refunded. As the collection only refers to disputed tax amount and waives interest. If the interest is granted the revenue may pass an order for refund of interest . Our advice will be follow the method… (read more) |
| Query | IF I AM GOING TO SCHEME UNDER VIVAD SE VISHWAS FOR ORDER U/S. 143(3) THEN PENALTY LEVIED BY THE DEPARTMENT U/S. 271(1)(C) WILL BE DROPPED OR NOT ? |
| Answer | Please, refer No 34 Q Appeals against assessment order and against penalty order are filed separately on the same issue Hence there are separate appeals for both . In such case , How disputed tax to be calculated? Answer: Please see question no 8 . Further, it is clarified that if the appellant has both… (read more) |
| Query | I’m trying to submit the details but due to some reason it is getting logged out also everytime in try to save it for draft its giving me error. I have tried to submit it 10 times but everytimes its getting logged out and also not allowing to save the details submitted. What should be done in this case |
| Answer | It seems some technical error . It may be desirable to approach the designated authority ,they will be in a solve the issue . (read more) |
| Query | The assessment order was passed u/s 143(3). Appeal was filed with the CIT (A) before time limit. The appeal is pending as on 31.1. specified date. In between the filing of appeal and the specified date, the AO has enhanced the tax liability and passed order u/s154 rectifying the Assessment order. Enhancement pertains to addition u/s 68 on which max tax liability applied by rectifying the order by the AO. Kindly assist as to details to be filled in columns pertaining to the Disputed Tax figures in schedule A & mentioning section under which order passed in part B |
| Answer | As we understand , after passing of the assessment order u/143(3), the AO has passed a separate order u/s 154 against which a separate appeal must have been field . If the assesssee is settling the first appeal the assesssee may have to mention u/s 143(3) .If the appeal is to be settled for both… (read more) |
| Query | IN WHICH CPLUM TO PAY TAX |
| Answer | Regular assessment tax Code 400 (read more) |
| Query | For AY 2011-12 Two appeal are filed one for Quantum appeal with ITAT and another for Penalty appeal with CIT(A). In filling Form 1 whether to show both separate line item and in which row to show penalty amount, in ITAT row or CIT A row |
| Answer | Penalty amount you may have to show row before CIT (A) . If there is any technical fault the application will not be rejected , the Designated authority may inform the assessee to file the revised form . (read more) |
| Query | For AY 2011-12, Quantum appeal is pending before ITAT and Penalty appeal is pending before CIT (A). Whether tax is to be paid under Vivad scheme for quantum demand only, or to pay for penalty also. |
| Answer | Under VSVA, penalty and interest are waived. Therefore the declarant has to only pay the disputed tax amount. The same has also been clarified in FAQ No. 8 of CBDT Circular 9 of 2020 dated April 22, 2020. (read more) |
| Query | How to make correction in Form-3 |
| Answer | Form 3 is not prepared by the Declarant; it is issued by the Department. One may have to approach the Department to rectify the same. There is no express provision for the same. The designated authority has the inherent power the rectify the mistake . If the designated refuses to rectify the mistake the assessee… (read more) |
| Query | Hello Sir Assessee received Form 3 for AY 2009-10 (assessees appeal pending before CIT(A)) without considering a judgment in his favour on similar issue in AY 2010-11 (Where Tribunal has reduced the disallowance from 12.5% to 5% of total allied bogus purchase). We had calculated 50% of total Disputed tax …. but Department has calculated 100% of the disputed tax with the remark “the assessee has calculated the disputed tax under DTVSV scheme at Rs. 315340/-. the disputed tax as per the ssytem is calculated at Rs . 634157/-. the difference in the disputed tax is because the assessee has wrongly calculated disputed tax. What should be done? |
| Answer | Fresh Form can always be filled. Further 50 percent would be to the extent of favourable order in the case of the assessee. Since the disallowance is reduced from 12.5% to 5%, the favourable order is to the extent of 7.5 per cent. 5 percent disallowance is still upheld. Therefore, in our opinion, the assessee… (read more) |