Query | The Assessment order received, shows 4 disallowances(to be added back to income of the assessee). |
Answer | Please refer CBDT circular No 9 dt 22-4 -2020 question no 14 and Answer , the Board clarified that picking and choosing issues for settlement of an appeal is not allowed . With respect to one order , the appellant must choose to settle all issues and then only he would be eligible to file declaration . Settlement qua the issue is not possible . Please refer CBDT circular No 9 dt 22-4 -2020 question no 14 and Answer , the Board clarified that picking and choosing issues for settlement of an appeal is not allowed . With respect to one order , the appellant must choose to settle all issues and then only he would be eligible to file declaration . Settlement qua the issue is not possible . |
Query | Is there a time limit for online submission of Form 4, after receipt of form 3,. Also what is the process of obtaining proof of withdrawal incase case is pending with CIT (A). ? |
Answer | It is desirable to make the payment before 31 st March 2021. As per section 4(2) of VSV Act, 2020, Appeal before the CIT(A) is deemed to be withdrawn when certificate under section 5(1) of VSV Act, i.e., Form 3, is issued. The assessee can write to the CIT (A), enclosing the payment made under Vsv Act. The CIT (A) will pass the consequential order.
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Query | There was a delay in filing the Appeal. Now, after payment of the tax amount, they rejected the application stating that there is no condonation received and the case is not eligible for as per FAQ 59 of circular No.21/2020. |
Answer | This being a bonafide mistake , the Designated Authority has the power to take in to account the correct withdrawal letter filed by the assessee. The assessee may contact the Designated Authority or can also revised application . Please refer , Circular No. 21 dt. 4 -12 -2020 , Q. 89 and Ans . The Board clarified that the declaration 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 forn 4 of VSVS with tax challan payment but the attcachment for withdrawal of appeal has been due to clerical error attached of another assessee. However the correct Letter for withdrawal of appeal and challan has been sent by speed post to IT Department. |
Answer | This being a bonafide mistake , the Designated Authority has the power to take in to account the correct withdrawal letter filed by the assessee. The assessee may contact the Designated Authority or can also revised application . Please refer , Circular No. 21 dt. 4 -12 -2020 , Q. 89 and Ans . The Board clarified that the declaration 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 | Hi Team, I have duly submitted form 1 and 2 and then received form 3. Subsequently, I deposited the balance tax amount and filed form 4. However, even after submission, “Submit Form 4” link is shown and now it has been 2 months, I have not received Form 5 yet. I have also submitted online grievance on the ITR portal, but no action has been taken yet. Could you please advise who I could reach out for help? |
Answer | Please contact the Designated Authority or write to the Designated Authority. If the assessee does not get any response within a reasonable time write to the CBDT . In case no response is received the assessee may have to file Writ petition before High Court.
If it related to Direct Tax Vivad Se Vishawas Act , 2020 , please contact the Designated Authority . If it is of other grievance ,please write to the Chief Commissioner and CBDT . In case no response is received , you may have to file Writ petition before High Court .
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Query | I had filed Form 1 under VSV Scheme after giving effect to Rectification order passed by A.O. |
Answer | The assessee has to pay the tax in disputed demand after considering the rectification passed by the Assessing Officer . The assessee may file rectification application before the designated Authority or may also file revised application under VSVS . Refer Circular No 9 dt 22 -4 -2020, Q. No 46 and Ans . The Board has Clarified that the Designated Authority shall be able to amend his order under section 5 to rectify any apparent errors . Refer Circular No 9 /2020 dt 22 -4 -2020 , Q. No 50 and Ans . It is desirable to make an application for rectification or may also contact the Designated Authority.
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Query | Disputed case of penny stock additions where assessment was completed U/s 143(3) has been considered as a search case and tax is calculated accordingly i.e. 125% of normal tax by CIT City 19 as per FAQ 70 dt. 04/12/2020, is his interpretation of FAQ 70 is correct, if not what is remedy. To my mind search cases are cases where assessment has been done U/s 153. |
Answer | It seems the interpretation given by the CBDT is not correct. The asssessee may have to file Writ before the High Court. Discussion is in progress to file Writ before the Bombay High Court .
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Query | ITAT set aside the case for de novo assessment to AO and the assessment order has been not passed till date can we apply for VSV . date of order of ITAT is July, 2019 |
Answer | Please verify when the assessee has received the order of the ITAT. Appeal against the order of the Tribunal can be filed with in 120 days from the receipt of the order as per section 260A(2) (a) of the order. Please refer Circular No 9 /2020 dt 22 -4 -2020 Q. No. 1 and Ans . , where the CBDT clarified that , cases where the order has been passed but the time limit for filing appeal under the Income -tax Act 1961 , against the order has not expired as on specified date are also covered . The Specified date is 31 st January 2020. Also refer Q. No 23 : If due date of filing appeal is after 31 -1 -2020 , the appeal has not been filed , will such case be eligible for Vivad Se Vishwas .? Answer : Yes . Also refer Q. No 7 and Answer the Board has clarified that even the assessment order has been set aside the Assessee can avail the Vivad se Vishwas with respect to such additions .
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Query | I have received form 3 from officer, now i have to payment.is it possible to pay dues in two challans instead of full value.. what is the procedure after that,.please let me know |
Answer | Yes it is possible . It will be regular assessment tax challan , with minor head 400 . Write properly the PAN NO and Assessment year . There is no separate Challan has been prescribed . The certificate will be issued only when the full payment is made by the assesseee. Also , refer Circular No 9 dt. 22 -4 -2020 , Q. No. 42 and Ans. The Board has clarified that any amount paid inn pursuance of a declaration made under the Vivad Se Viashwas shall not be refundable under any circumstances
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Query | I recd a email saying that you can not write NA while submission of Form 4 and need to submit proof of withdrawal of claim. I don’t know how to do that online in portal. Please advise how to do if appeal is pending at CIT A |
Answer | Please refer Circular No. 9 /2020 dt 22 -4 2020 Q N0 . 43 and Ans : Under the amended procedure no appeal is required to be withdrawn before the grant of certificate by DA. . After the grant of certificate by DA under section 5 , the appellant is required to withdraw appeal or writ or special leave petition pending before the appellant forum and submit the proof of withdrawal with intimation of payment to DA as per the same section . Where as assesseee has made request for with drawl and such request is under process , proof of request made shall be enclosed . Instead of NA the assessee may have to write pendency of Appeal before the Competent Authority eg . CIT (A) or Tribunal . |