| Query | AY 2015-16. Appeal filed against assesment order dt 05.12.2017 is pending with CIT(A). Subsequent to filing of appeal rectification orders u/s 154 were passed on 12.02.2018 and 23.03.2020. One out of the rectification order is after 31.01.2020.By both these orders the demand has been reduced.In the instruction to fill Form 1, it has been stated that the date of order cannot be after 31.01.2020.In the above circumstances what will be the disputed tax? How to fill the date of order in Form 1? |
| Answer | As we understand, The Declarant ought to be given the benefit of the rectification order passed after the specified date under VSVA. Reliance is placed on Question No. 25 of CBDT Circular 9 of 2020 date April 22, 2020 which states that, in a case appeal is pending on the specified date, but a rectification… (read more) |
Answers to queries on Vivad Se Vishwas Scheme
| Query | AY 2012-13 Now how much to pay in vivad se vishwas scheme 2020 |
| Answer | The assessee will have to only pay the disputed tax amount under Vivad se Vishwas. The payment made earlier would be adjusted against the tax payable. Interest and Penalty would be waived off. Please refer Q.No 9 and answer and Q. No 29 and answer thereon ( F.NO IT(A) 1/ 2020-TPL Circular No 9 /2020 dt 22 nd April 2020 ) https://itatonline.org/info/wp-content/uploads/2020/04/CBDT-Circular-9-Vivad-Vishwas.pdf… (read more) |
| Query | If any order of appeal has been passed after 31.01.2020 by any appellate forum dismissing the appeal or partly allowed, whether the assessee will be eligible under VSV? |
| Answer | Not .eligible under the scheme . If an appeal is decided ex parte the assessee can make an application for restoration of appeal. When an appeal is restored it relates back the date of filing ,then an assessee can avail the benefit of the scheme. (read more) |
| Query | Sir in case we have sufficient amount of brought forward loss and also after reducing the amount to the extent of addition (I.E. WE ACCEPT THE ADDITION MADE BY AO), we have sufficient amount of loss to be carried forward then also whether we are liable to pay tax if we opt for option (II) OF RULE 9 Pls share your View |
| Answer | If you are in appeal before the Appellate authority , and if desire to settle the issue the assessee has to pay the tax on the disputed amount . Once the tax is penalty will not be levied and the losses will be allowed to carried forward subject to other conditions . Please refer question No 53… (read more) |
| Query | Quantum Appeal was pending as on 31/01/2020 Before ITAT. On 20/03/2020 department passed penalty order u/s 271(1)(c). Now if I may apply for Vivad Se Vishwas scheme, can I get immunity for penalty?? |
| Answer | Yes, As per FAQ No. 8 of CBDT Circular 9 of 2020 dated April 22, 2020, If both quantum appeal covering disputed tax and appeal against penalty levied on such disputed tax for an assessment year are pending, the declarant is required to file a declaration form covering both disputed tax appeal and penalty appeal.… (read more) |
| Query | Asssessment completed u/s 143(1) was re opened u/s 147. the assesssee did not file return in response thereto. But he paid the additional taxes. The assessment was completed making addition one addition under capital gains. Addtional taxes paid was given credit as taxes paid while determining the demand. Appeal against assessment pending before CIT(A) challenging the addition. My query is whether |
| Answer | To settle the appeal under VSVA, only the disputed tax amount needs to be paid. Interest would be waived off. If any amount is already paid, the same would be adjusted against the dispute tax amount. (read more) |
| Query | Taxes were paid as per MAT. Then addition was made, which was the dispute. Now under DTVSV scheme will I adjust the taxes already paid in determining the tax payable? |
| Answer | We presume that though the taxes were as per MAT provision the AO has made addition and the assessment is made on regular basis . Once the tax in dispute is settled the assessee will get the credit for the taxes under MA (read more) |
| Query | I Sold my mother site after 41 years I divide the amt to 6 persons each 15 lakhs.IT issued Sectionb148 to me.IT taken 5 person amt 75 lakhs less for tax. remaining amt taxed to me. whether my amt of 15 lakhs will be get Tax exemption but I paid 3 lakhs tax 2017_18 this amt reduced by IT,on total amt they again put the tax for 15 lakhs. what form I have to use vsvs and which ITO to be submitted form. |
| Answer | As per our understanding the revenue issued notice u/s 148 and assessed the income at higher amount . One of the condition for availing the benefit of the scheme is the appeal must be pending as on 31 -1-2020 ie the specified date . We presume that the appeal is pending as on 31 -1 2020. We… (read more) |
| Query | Sir |
| Answer | If DTVSV is rejected the appeal will survive . You can make an application to the concerned CIT (A) stating that as the application is rejected the appeal may be restored .Once tax is paid , certificate is issued by the designated authority the said certificate is final withdrawal of appeal is only technical formality . (read more) |
| Query | As on the specified date the case is pending with ITAT. After the specified date an order is passed against the assessee. Whether the assessee can opt for Vivad Se Vishwas scheme |
| Answer | If the appeal is passed ex parte , the assessee can make an application for recalling the order , once the appeal is recalled it relates back the date of filing . Once the appeal is decided on merits the assesse cannot avail the benefit of the scheme . (read more) |