| Query | DEPARTMENT ISSUED FORM 3 INCORRECTLY. |
| Answer | The assessee may write to the Designated Authority . It may be desirable verify the details of refund form the Portal of the assessee. In case the portal does not show the refund due to the assessee in such a situation the assessee may have to file a rectification application before the Assessing officer to rectify the mistake .
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| Query | Q1 TIME LIMIT OF FORM 4 AND PAYMENT OF TAX DUE? |
| Answer | Since 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 WE HAVE RECEIVED FORM 3 FROM DEPARTMENT INFORMING THE AMOUNT PAYABALE BEFORE AND AFTER 31.03.2021 |
| Answer | Yes . Since 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 | We have filed a case under DTVSV and we received Form 3? What is the next step to be followed? Should we pay tax as per Form 4 attached? Should we do something more? Please guide. |
| Answer | It is desirable to pay the tax and get the certificate which will be issued by the Designated Authority . |
| Query | addition is made vide section 115JB if tax is paid under VSVS will the increased MAT be allowed to be carried forward |
| Answer | Please refer Circular no. 9 dt 22-4 -2020 Q. No. 53 and answer given by the CBDT, it has been clarified that CBDT will prescribe the manner of calculation in such cases . It seems the CBDT has not prescribed , however by reading Rule 9 &10 together and as there is no express bar in the Act , according to us the increased MAT may be allowed to be Carried forward .
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| Query | Whether Sec 263 can be initiated against the assessee in respect of matter decided under Vivad Se Vishwas Scheme |
| Answer | Please refer Section 5 (3) of the Direct Tax Vivad Se Vishwas Act , 2020, every order passed under sub section 5(1) , determining the amount payable under this Act shall be conclusive as to the matter stated therein and no matter covered by such order reopened in any proceedings under the Income -tax Act -------Also refer Laherchand Dhanji v. UOI [1982] 135 ITR 689 ( Bom) (HC) dealing with VDIS 1976 the Court held that once the certificate is issued the same cannot be with drawn . in Uma Corporation v. ACIT & Ors. (2006) 204 CTR 282 / 284 ITR 67 (Bom.)(HC) the Court held that Income disclosed under VDIS for which certificate is issued by the authority. Reassessment proceeding in respect of such disclosed income is not valid. Also refer Killick Nixon Ltd. v. Dy. CIT (2002) 258 ITR 627 / 125 Taxman1055/(2003)172Taxation373 / 178 CTR 387 (SC) the Court held that once declaration is accepted reassessment is not permissible .Accordingly after issue of certificate in respect of tax in dispute revision u/ s 263 is not permissible .
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| Query | Thanks a lot for answering my earlier questions. Sorry to trouble again. My query is what is the due date [time limit] for filing Form 4 in cases where no tax is payable under VSVS [refund due to tax already paid before declaration / nil due to set off of brought forward unabsorbed losses or depreciation]. The appeal is pending before Madras High Court and already filed Memo for withdrawal one month back [no acknowledgement – as per procedure followed in Madras High Court], but the case is not yet listed. Since withdrawal of case is mandatory, unless the case is posted, may not be able to obtain order for withdrawal. Kindly clarify / suggest the options available. Thanking you in advance. |
| Answer | The assssessee may have an application before the High Court to fix the matter out of turn hearing . In Mumbai the Honourable High Court fixes the matter for withdrawal as soon as the application is made. Most of the High Courts follow the same procedure . You may request the Advocate on record to move an application before High Court by following the due process of law . Once the order of withdrawal is passed by the High Court, the assessee has to file the copy to the Designated Authority . The querist ‘s application being refund , the querist may write to the Designated Authority informing the pendency of application before High Court. On receipt of the order for withdrawal the assessee can send the copy to the Designated Authority , there is no time limit for furnishing however it may be desirable to file at the earliest .
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| Query | What to select in Form-4, where it is asking that whether any appeal, objections, applications, writ petition, special leave petition etc has been filed?? (Please select NA if not filed). Facts: We have filed appeal to ITAT against the order of CIT(A) and that has not been withdrawn. |
| Answer | The assssessee has to refer the date of filing an appeal before the ITAT . if the appeal no is allotted the assessee can mention the N0 or may attach the acknowledgement for filing an appeal before the ITAT . |
| Query | I have made application under Vivad se Vishwas on 30.12.2020 but after receiving form 3, appellate order is passed and the order is in the favour of appellant. Appellant wants to withdraw application under Vivad se Vishwas but in his e-filing account there is no such option. Please suggest what should be done in this case. |
| Answer | The asssessee may write to the Designated Authority. The asssessee can opt out, however if taxes paid 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 .
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| Query | Since the time limit for payment without additional amount is extended to 30th April, 2021 vide Notification No. 09/2021/ F.No. IT(A)/01/2020-TPL dated 26th February, 2021 by CBDT, whether the last date for payment of amount under VSVS without additional payment in earlier certificates [Form 3] issued before 26th February, 2021 by Designated Authorities will also be 30th April, 2021 [it is mentioned as 31st March, 2021 in the Forms issued before 26.02.2021]. Notification specifies only Act/earlier Notification and not the forms [Form 3] issued earlier. |
| Answer | Since the earlier notification dated 27 -10 -2010 has been amended vide the abovementioned notification, even earlier forms issued will also be covered and payments made upto April 30, 2021 will be as per the third coloumn of the table to section 3 of VSVA.
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