| Query | Sir, |
| Answer | Please refer Circular No -21 /2020 dt 4 th December , 2020 Q. No 81 and Answer given by CBDT , it is clarified that the Vivad Se Vishwas is not an amnesty scheme .It provides an option to settle appeals on contentious issues that are neither accepted by the Department nor the Assessee. The asssessee cannot capitalise the amount in the books of account .
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| Query | I have filed Form 1 & 2 under VSV scheme on 9.03.2020, and 15 days time for receiving Form 3 is expiring today i.e 24.03.2020. The status shows as – awaiting Form 3. Kindly suggest |
| Answer | The assessee will get the Form No 3 and thereafter the payment is to be made . 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 abovementioned notification, even earlier forms issued will also be covered and payments made upto April 30, 2021 will be as per the third column of the table to section 3 of VSVA .
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| Query | Sir i have done the payment of taxes and filled the form 4 |
| Answer | The assessee will get the certificate under section 5(1) of the Vivad Se Vishwas Act in due course of time .
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| Query | I have a pending demand for AY 2010-11.For appeal i paid 20% of the demand amount and also furnished IT return of the mentioned year.Later I opted for VSVS scheme.Form-3 is generated where they have considered only 20% of paid fees and not the TAX paid during the period.Rest penalty amount to be paid.I need to adjust the tax amount already paid for that year,but there is no provision given for rectification. Kindly suggest. |
| Answer | Please refer Circular No 21 /2020 dt 4-12 ,2020 , as per Q.No 89 Ans ,it has been stated that the declaration can be revised any number of times before DA issues a certificate under section 5(1) of the Vivad Se Vishawas. . It may be desirable to file revised declaration . Please refer Circular No 9 dt 22-4 -2020, Q. No 29 and Answer given by CBDT it is clarified that the assessee shall be eligible for credit for earlier taxes paid.
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| Query | Respected Sir, Applied for VSV scheme, received form 3. Made the required payment. Submitted form 4 with the necessary attachments. Received message submission received. But status still shows submit form 4. Approached designated authority and submitted the same. From last 3 month I am awaiting for form 5. Authorities keep promising will receive in few days… but 3 months have passed. Request your help and guidance in this matter |
| Answer | The assessee need not worry . The delay is on the part of the Tax administration. The revenue may expeditious of the process of issuing form 5 after 31 st March 2021 . We hope the assessee will receive Form before end of the April , 2021
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| Query | I have submitted the Form 4 along with attachment and duly signed by DSC. and i have received mailed stating Form 4 filed successfully But still the status bar under action shows Submit Form 4 What is the reason? do i have to submit the Form 4 again |
| Answer | It may be desirable to submit once again or the assessee may contact the Designated Authority . |
| Query | Sir, Assesment for a/y 2011-12 was made u/s 143(3) w.r.s. 147 and the tax arrears were computed. in these arrears the amount of Tax was 269289 and interest u/s 234a, b, c and d were added. I have filed appeal with the CIT appeals which is pending. In the Vivad se Vishwas cheme, I have applied and my liability for the amount of Tax 269289 but the department has issued form-3 in which they have added interest u/s 234D also and have calculated amount payable at Rs 393980 (269289 + 124691 intt 234D) |
| Answer | Please refer S. 234D (2) which reads that where as a result of an order u/s 154 or 155 or 250 or 254 or 260 or 262 or 263 or 264 etc is passed the amount of refund granted under Sub section 143(1) is held to be correctly allowed , either in whole or in part as the case may be then interest chargeable , if any ,under section sub -section (1) shall be reduced accordingly. Accordingly once the issue is settled under VSVSchme , the AO has to pass consequential order reducing the interest . Once the amount is settled the interest will be waived and other consequences will follow as per the law . Please read Section 7 of the Direct Tax Vivad Se Vishwas Act , 2020 Explanation , excess amount shall not be entitle to interest on such excess amount under section 244A of the Act . In case the assessee has received excess refund with interest the levy of interest may be justified .
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| Query | Sir Submitted Form IV attached with Challan for paid tax. Since then almost 2 months are over. The Form V has not been issued so far. What I should do? Please guide |
| Answer | The Assessee may receive in due course of time . The delay is normal . The assessee may write to the Designated Authority .
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| Query | Received Form No 3 under DTVSV from designated authority with NIL liability since all disputed tax paid while filing Form 1 and 2. Appeal is also withdrawn which was pending before CIT(A) immediately after receipt of Form No 3 by writing letter to CIT(A. Question is while filing Form No.4 there is one field wherein it is asked whether appeal, objection, application, writ petition, arbitration,conciliation, mediation or claim has been filed ? what answer to be given here. |
| Answer | The asssesseee has to write appeal was filed before the CIT (A)on , which was withdrawn on ----- . Encloses the withdrawal letter filed or if order received from the CIT (A)
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| Query | I have filed declaration under Vivad SeVishwas Scheme and Form No.5 has already been issued by the designated authority as per which refund is due to me. But about 3-4 months have elapsed but refund due has not been received. Please guide me how I can get my refund. Thanks. |
| Answer | The assessee may have to write to the Assessing Officer concerned to issue the refund order . In case no response is received can write to the PCIT . In case the refund is substantial it may be desirable to file Writ before High Court |