| Query | Form 1 and 2 were filed and form 3 received. Rectification was sought I April 2021 and no response by ITD. So |
| Answer | The assessee can pay the tax as per revised demand . The assessee is entitle to refund of the excess amount paid . The assessee may write to the Designated Authority to grant refund of excess amount paid . In case no refund is received within reasonable time the assessee may have to file writ… (read more) |
Answers to queries on Vivad Se Vishwas Scheme
| Query | How to make Payment under Vivad Se Viswas |
| Answer | Write correct PANO . There is no separate Challan has been prescribed . It will be regular assessment tax challan , with minor head 400 . Bank will guide you . (read more) |
| Query | Received rectified Form 3 only today [01.10.2021]. Form 3 is dated 30.09.2021 and date for payment of tax without additional 10% is mentioned as 30.09.2021. When the Assessee received the Form 3 only today, how can the Assessee be asked to pay additional 10% for no fault of him. Is there any remedy available? |
| Answer | Write to the Designated Authority explaining the facts. Pay only tax demanded . In case the Designated Authority directs to pay additional tax of 10 % , the assessee may have to writ before the High Court on the doctrine of impossibility of performance ie . "Lex Non cogit ad impossibilia. In State of Rajasthan v. Shamsher… (read more) |
| Query | In assessmet order Ld. AO has initiated penalty separately WE ARE GOING TO DTVSV UNDER DISPUTED TAX HEAD , ALSO RECEIVED FORM 3 , NOW NFSC (NATIONAL FACELESS ASSESSMENT CENTRE) ISSUE SCN REGARDING PENALTY UNDER DTVSV IF UR DISPUTED IS ON TAX AMOUNT THEN PEANLTY AND INTEREST IS WAIVED ON SUCH AMOUNT PLS HELP HOW TO DEAL WITH SUCH SCN REGARDING PENALTY |
| Answer | The assessee may have to file detailed reply explaining the facts and also file the copy of form Nos , 1, 2, 3 and tax paid details in response to show cause notice and pray for drop the penalty proceedings initiated against the assessee. It is also desirable to file a detailed reply to show… (read more) |
| Query | The Assessee had received Original Form 3 in Dec 2020. Before making the payment, Assessee received another Form 3 in March 2021 enhancing the Demand to 125% based on FAQ no. 70 of CBDT Circular. Assessee filed a Rectification application with DA stating that they are not covered, based on the modified Circular. Assessee saw another Form 3 posted online on 30th August 2021, restoring the original amount, however Assessee was not aware about this, at the time of making payment and made payments at 125%. Can Assessee claim Refund of this excess payment made? If Yes, should it before Filing Form 4? Also, who is the concerned Authority to apply for Relief? |
| Answer | It is advisable to make the claim before filing Form No 4 . Make an application before the Designated Authority to refund the excess payment made by the assessee. In case the amount is not refunded , the assessee may have to file writ before the High Court . Refer Circular No 4 of 2021… (read more) |
| Query | What is the time limit to file form no.4 under vsv if payment of tax is made on or before 30.9.21 |
| Answer | There is no time limit however it is advisable to file the Form No 4 at the earliest . (read more) |
| Query | As per DA he can rectify mistakes only in form 3 and he can not rectify mistake of form 1 AND FORM 2 . THEN WHAT IS MEANING OF PATENT MISTAKE TO BE RECTIFIED BY DA |
| Answer | To understand the meaning of patent mistake one may refer the judgement of Supreme Court in T.S. Balram , ITO v. Volkat Bros (1971 ) 82 ITR 50 (SC) , the Court held that debatable point of law or inference cannot be subject matter of rectification . Form no 1 and form no 2 is… (read more) |
| Query | which types of patent mistakes can be rectified by designated authority as discussed in question no 46 of circular no 9/2020. Can schedule D be rectified by designated authority. |
| Answer | Schedule D :reads as under : In case the appellant opts not to pay tax on additions having effect of reducing loss/ depreciation or MAT credit forward then relevant column of the following schedule to be filed up . If there are mistakes the declarant can file revised form and rectify the same .… (read more) |
| Query | VsVS If I have paid the taxes by 30.09.2021 but if I am not withdrawing appeal nor filling Form 4 than what are the consequences ? Till what time I can file |
| Answer | There is no time limit now , however it is desirable to file the Form No 4 at the earliest . In case the application is rejected the assessee may not get the refund of the amount paid under the scheme . In such a situation the assessee may have to file writ before the… (read more) |