Query | I filed form 1&2 then revised the same once. Now Department issued form 3. demand under form 3 was determined wrongly. how can i revised or rectify the same? |
Answer | The Assessee can make an application for rectification or may file a revised declaration . Please refer question No Circular No. 9 /2020 dt 22 -4 2020 Q.No. 46 . Whether DA can amend his order to rectify any patent errors . Ans . Yes , DA shall be able to amend his order under section 5 to rectify any apparent errors . Please also refer CBDT circular Q. No. 89 and answer given by the CBDT . As per the clarification issued by the CBDT ,Declaration filed by the CBDT can be revised any number of times before the DA issues a certificate under section 5(1) of Vivad se. Vishwas .
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Query | Can form 5 issued |
Answer | Yes . Please refer question No Circular No. 9 /2020 dt 22 -4 2020 Q.No. 46 . Whether DA can amend his order to rectify any patent errors . Ans . Yes , DA shall be able to amend his order under section 5 to rectify any apparent errors . Please also refer CBDT circular Q. No. 89 and answer given by the CBDT . As per the clarification issued by the CBDT ,Declaration filed by the CBDT can be revised any number of times before the DA issues a certificate under section 5(1) of Vivad se. Vishwas .
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Query | I have submitted form 1 and 2 for three assesment years.i received form 3 for only one year.rest two years not received …what to do |
Answer | Please write to the Designated Authority . It may be in process, the assessee may get the clarification . |
Query | Dear Sir/Ma’am, In my case, appeal is pending before ITAT & I have made declaration under Vivadh Se Vishwas Act, 2020 computing 25% of disputed tax payable but as per form 3 received from department, there is mismatch of tax amount payable as relief given by CIT(A) is not considered. And also for filing form 4, proof of withdrawal of appeal is required- how do I file it? Please provide the solution that in such case, what should be done. Kindly do the needful. |
Answer | Please refer CBDT circular No. 21 /2002 dt 4 -12 2002, Q No 89 and Answer given by CBDT . As the answer given by the CBDT the assessee can file revised declaration any number of times before the DA issues a certificate under section 5(1) of Vivad Se Vishwas . The assessee may file revised declaration. . Please also refer Circular No 9 of 2020 dated 22-4-2020 Q. No 43 . and answer by the CBDT wherein the CBDT clarified that , where the assessee has made request for withdrawal and such request is under process , proof of request made shall be enclosed . It is the designated Authority has to issue the certificate .
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Query | I have applied in vivad se vishwas scheme. My penalty amount is approx 3cr the payment has to be done before 31/3/2021 if not then interest will be charged. My problem is if i give half payment of 1.5cr before 31/3/21 and half afterwards what will be interest percentage charge and on what amount it will be charge (the remaining amount or on the full penalty amount). Can i payment half amount before 31/3/21 and half after the above mentioned date |
Answer | Please refer Circular No 18 /2020 dt 28 -10 -20220 , circular in respect of payment of tax . As per the Circular the declarant can make the payment without additional amount on or before 31 St March , 2021 Please also refer Circular No 21 /2020 dt 4 -12 -2020. Q.No. 87 . and Answer state that ,once the required amount of disputed penalty has been paid by the declarant , interest relating to such penalty would be waived . The issue being debatable the declarant may not get the concessional rate as applicable , up to 31 -3 -2021 . The half amount paid may not be considered as required amount |
Query | Appeal is pending before CIT(A) for penalty u/s.271C.Assessee filed Form 1 and 2 through the option ” Whether the declaration relates to TDS Disputes u/s.194IA and 194IB”. Assessee’s dispute was related to S.271C and selected S.271 C giving other details correctly and received Form 3 from the designated authority. Question a) Whether the assessee will pay tax and submit Form 4 ? b) Whether the assessee will ignore the Form 3 so received and file Form 1 and 2 again using proper mode of filing |
Answer | It is desirable to file revised form . Please refer Circular No. 21 /2020 dt 4 -12 -2020. Q. No. 89 and Answer , wherein the Board Clarified that , the Declaration can be revised any number of times before the DFA issues a certificate under section 5(1) of Vivad Se Vishwas . |