The earlier notification dated 27 -10 -2010 has been amended  by vide Notification No. 09/2021/ F.No. IT(A)/01/2020-TPL dated 26th February, 2021 by CBDT, the time limit for payment without additional amount is extended to 30 th April 2021 .   The assessee is not liable to pay any interest .  Even otherwise the date of presentation  of cheque  to bank is relevant and not the clearance of the Cheque by the bank . In Hindustan Unilever Ltd. v. Dy. CIT (2010) 38 DTR 91 / 191 Taxman 119 / 325 ITR 102 / (2011) 237 CTR 287 (Bom.)(HC) held that for the purpose of calculation of period of six months the date to be calculated from the date of receipt issued by the national housing bank and not from the date of issue of certificate.  In  Neela S. Karyakarte v. ITO (2016) 176 TTJ 52 (URO) / BCAJ–March–P. 30 (Mum.)(Trib.) Payment by cheque dates back to date of presentation and not date of encashment. (AY. 2005-06)(ITA No. 7548/Mum/2012 dt. 28-8-2015) Bench ‘B’.

Please refer CBDT Circular No. 9   dt  22-4 ,2020 ,  Q  No. 43 and answer given by the CBDT .   For matters before the ITAT & CIT(A) there is no requirement to submit a proof of withdrawal. It is only after getting certificate from the designated authority , the assessee has to intimate to the CIT(A), if the appeal is pending before CIT (A) . If the appeal is pending before the ITAT the assessee has to intimate to the  Registrar of ITAT giving details of ITA No and Bench . The Tribunal will pass the consequential order . The assessee may file a letter to the Office of the CIT (A) where the appeal was filed  giving the reference of acknowledgement of filing of the appeal and  application for withdrawal of appeal .   The assessee may also contact the Designated Authority  for further guidance if any required

The assessee cannot approach DVO for Valuation .However the assessee can  file the valuation report of the Registered Valuer .   The Assessing Officer  is bound to follow  the valuation  given by the registered valuer or refer  the matter to DVO.  In   ACIT v. Synbiotics Ltd. (2016) 48 ITR 210 (Ahd.)(Trib.) held that  the authorities are not justified in adopting the rate on their own estimation as the assessee had furnished a report from Government approved valuer.  In  Ramesh Govindbhai Patel v .ITO ( 2020) 118 taxman. com 201  ( Ahd) (Trib)  held that  addition cannot be made without referring the matter to DVO.   

The CBDT has not notified the date for last date for payment under VSV Scheme . There is no separate interest payable . It seems the CBDT may allow few more months for payment of Tax under the VSV Scheme.  

The querist can opt out, however if taxes under the Vsv Act the assessee will not get the  refund.    Please refer  circular No . 9 /2020 dt 22-4 -2020--Q, No . 42 and answer   given by the CBDT,    which state that any amount paid in pursuance of a declaration made under the Vivad Se Vishawas shall not be refundable under any circumstances .

The AO cannot invoke the provision of section 41(1) based on the facts stated by the querist.   The querist may refer ,CIT v. Mahindra And Mahindra Ltd. [2018] 404 ITR 1 (SC)  held that for application of section 41(1), it is sine qua non that there should be an allowance or deduction claimed by assessee in respect of loss, expenditure or trading liability incurred, however, assessee had not claimed deduction under section 36(1)(iii) for interest on loan and loan was obtained for acquiring capital assets, hence, waiver was on account of liability other than trading liability and, thus, provisions of section 41(1) were inapplicable

In  CIT v. Eco Auto Components Pvt. Ltd. (2018) 409 ITR 202 (P&H)(HC)  held that though the debt is time barred if the assessee is showing as liability addition cannot be made u/s 41(1) of the  Act .

The querist  may verify though the name of the company might have been  strike of by the ROC i.e. Closed, the bank account may be in operation . If the bank account is in operation the amount can be paid to the Company . If the company has gone voluntary winding up  one may have verify the condition prescribed for recovery or payment . The querist can take decision accordingly.

The assessee may write to the Designated Authority . The assessee  may refer  CBDT Circular  No 21. 2020 . dt. 4 -12-  2020  - Q. No 89 answer given by the CBDT it is clarified that , the declaration can be revised any number of times before the DA issues a certificate under section 5(1) of Vivad Se Vishawas .   The assessee may  also file revised  Declaration in case the Designated Authority is not responding the rectification application .

The assessee may get  in due course of time . It may be desirable to write to the Designated Authority .  

To the best of our information no extension is granted . The CBDT may not grant any further extension . 

The assessee has to consider the date of receipt  as date of communication as per section 260A(2) (a) of the  Act . Though the assessee has not filed the appeal the assessee is eligible for the Scheme . Refer  Circular No 9 /2020 dt 22-4 -2020   Q. No 1 and answer given by the CBDT it is only where due date for filing appeal has not expired are covered.  As regards Writ  , it should be pending as on 31 -1-2020 .  Accordingly the Writ petition which was not filed as on 31 -1-2020 cannot be considered as deemed appeal .