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

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 Whether the appeal that was earlier withdrawn due to application made for VSV can be restored?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 So whether he can revive the withdrawn appeal?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)
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

Assessee received the Hard copy of the Scrutiny Order U/s 143(3) on 30th December , 2019 . Assessee filed Appeal on 29th January, 2020. As per Dept. contention, they have sent the Order to the Authorized Representative (AR) e mail id on 19th December, 2019. The AR has not received the e mail. As per I T records, the assessee e mail id was registered. They have not sent the Order to Assessee e mail id. Based on the receipt of date of Hard copy, the assessee filed Appeal in time. So the Assessee has not filed any letter for condonation of delay. The CIT has not released Form 3 for the past 5 months. What are the chances of admitting the Form 1&2 under the Scheme.? The Assessee paid the tax amount as per the Assessee calculation. The AO confirmed orally that the calculation is correct.
Kindly advise on the above issue.

Answer Please verify in the appeal form which address is given  or email of tax consultant is provided in the appeal memo .  File an affidavit of the Tax consultant in case if he has not received the order by email .  In case the email is not received by the Tax consultant the  appeal of… (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.
For AY 2011-12, the assessee’s appeal was disposed off in assessee’s favor and the entire addition on 2 issues were fully allowed.
Before the ITAT in the Dept. Appeal, the matter was restored to AO on specific issues only vide order dated 18.01.2020 served on assessee on 04.02020.
In Form No. 1 and 2 it requires the details of appeal filed before the HC, which has not been filed as the time for appeal has not expired.
Because of the Form no. 1 & 2 cannot be uploaded.

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?
If the answer to the above question is affirmative, then it may further be noted that there is no option to select the order u/s 143(1) in the dorpdown box provided by the income tax department in form no.1 on income tax portal. In such cases, how to file application in from no. 1 under VsVS?

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.
My question is whether the assessee has to file petition before CIT(Appeal) for withdrawal of appeal.

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)