Query | Where in case of an assessee where the application is filed by the assessee for disputed tax of Rs 10lakh. The DA accepts the application but alters the amount thereby determining the disputed tax of Rs 15Lakh that is higher than what was declared by the assessee. Whether the appeal that was earlier withdrawn due to application made for VSV can be restored? As, as per FAQ No 47 of Circular No 7, the assessee doesnot have an option to appeal against the order of DA. So whether he can revive the withdrawn appeal? |
Answer | Yes, the appeal should be revived in the event VSVA is not proceeded with. Therefore , when an application is filed for withdrawal of appeal it is desirable to mention that in case the declaration is not accepted , the assessee may be given the permission to revive the appeal . The Assessee has also… (read more) |
Answers to queries on Vivad Se Vishwas Scheme
Query | As the Form 1 & 2, i have to recieve refund and form 3 confirms the same, but while filing Form 4, it is showing as it is mandatory to fill up the Challan details, so what should be filled up at that place. Thank you in advance |
Answer | If revenue has adjusted the amount of refund , then the assessee may write the date of adjustment , in case the revenue has recovered the tax by attaching the bank account or payment made to recovery officer the details of challans may be available with the assssee , the same may be written .… (read more) |
Query | In F. No. 3 by CIT it reflects refund but F. No. 4 the tax payment in pursuance F. No. 3 are mandatory, whereas there is no tax payment but a refund due. So unable to upload F. No. 4. |
Answer | This difficulty is faced with number of assesees . It is advisable to contact your designated authority and seek clarification on this issue. (read more) |
Query | Assessee DREI. |
Answer | The Assessee has a deemed appeal pending before the High Court as on the specified date. On the other hand, in light of FAQ 56 of CBDT Circular No. 21 of 2020 dated December 4, 2020, the assessee can settle the appeal pending before the ITAT under VSVA too. (read more) |
Query | The assessee is not able to verify the Form as Aadhar OTP is not enabled and other modes of verification not possible. How to submit the Form 2 and subsequently Form 4 |
Answer | In Binoy Viswam v. UOI ( 2017) 396 ITR 66 (SC) the Honourable Court held that the proviso to section 139AA (2) cannot be read retrospectively as it take way vested rights .It will only have prospective effect . In Hussain Indorewala v UOI ( 2018) 408 ITR 338 (Bom) (HC) held that in case… (read more) |
Query | We have filed appeal against the addition made at the time of processing of return of income in intimation order u/s 143(1). Such appeal is pending as on specified date. Can we take benefit of the scheme under VsVS against such appeal? |
Answer | Yes the assessee is eligible for VSVA. FAQ 71 of CBDT Circular No. 21 of 2020 dated December 4, 2020, clarifies the same. In case of any technical issue with the portal, it is advisable to contact your designated authority and seek clarification on the issue. (read more) |
Query | The assessee’s case was pending before CIT(Appeal) as on 31st January, 2020. The assessee has filed declaration under Vivad se Viswas scheme abd the same was accepted by the Authority. |
Answer | No, as per section 4(2) of VSVA, upon the filing the declaration, any appeal pending before the Income Tax Appellate Tribunal or Commissioner (Appeals), in respect of the disputed income or disputed interest or disputed penalty or disputed fee and tax arrear shall be deemed to have been withdrawn from the date on which certificate… (read more) |
Query | AO made additions double the amount of information received from DDIT(inv ), appeal and rectification application filed. No decision is taken by AO on application 154. AO saying he cannot amend the order u/s 154. In given circumstances, on which amount assessee can go under VSV Scheme 2020 |
Answer | What we understand, there is a prima facie case of incorrect double addition and the AO refuses to rectify the same. Unfortunately, under VSVA, the assessee has no choice but to settle the unrectified Order as there is no evaluation of merits under VSVA. The assessee may file Writ petition before the High Court and pray for… (read more) |
Query | Sir, The assessee filed ROI under 115JB and pay tax of Rs. 75 lacs wherein normal tax is around Rs. 50 lacs. So it carry forward MAT credit of Rs. 25 lacs. In next two years it had utilized Rs. 10 lacs from MAT credit of Rs. 25 and Rs. 15 lacs is still not utilized. Thereafter, assessment was made and tax was determined Rs. 150 lacs due to some disallowances. The matter is pending with CIT(A). Which amount is payable under option 1 and 2(with interest)? |
Answer | The assessee has to find out what is the amount disputed in appeal and tax payable thereon . Once tax is paid interest is waived . As regards MAT credit the assessee can refer circular No 9 dt 22-4 2020 , Question no 53 the Board has to clarify . It is desirable to contact… (read more) |