| Query | VSVT application of our company resected on ground of late filing of CIT(A). Filed under the limits of VSVT. We Condon the delay at the time of filing of CIT (A). Our VSVT application rejected. Can we file review application and to which authority |
| Answer | Please refer Circular No . 21 dt 4 -12 -2020 Q. No. 59 and Ans . If the time limit for filing appeal expired during the period from 1st April 2019 to 31st Jan 2020( both dates included in the period ) , and the application for condonation is filed before the date of issue of this Circular and the appeal is admitted by the Appellate authority before the date of filing of the declaration , such appeal will be deemed to be pending as on 31 st Jan 2020. There is no power of revive , the Assessee may have to file Writ before the High Court . Please also refer unreported judgement of Bombay High Court Awantika Pratap Singh Morarji v Ashwin Kumar (CIT ) WP No 1691 of 2005 dt 9-07 -2014 dealing with KVSS honourable High Court has directed the designated authority to grant the benefit of the scheme , when the delay was condoned by the Appellate Tribunal .
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| Query | The assessee had filed the appeal before the ITAT and the ITAT referred the case back to the AO. Now the assessee wants to opt for Vivad Se Vishwas. However, while filling up the form, what details should the assessee put in Part B i.e. details of order against which appeal is filed and details of appeal filed. Please guide |
| Answer | One of the condition is that the pendency of Appeal before the appellate forum as on 31 -1 -2020 or pendency of deemed appeal . Refer Circular No 9 dt 22 -4 -2020 Q .N0 1 and Answer. Please also refer Circular No 21 dt 4 -12-2020 Q. No. 56 and Answer. As per the circular if the appeal is disposed of by the appellate authority , is also eligible, the amount payable under the Vivad Se Vishwas shall be computed with reference to the position of appeal or arbitration as on 31 st January , 2020. The assessee has to give pendency of appeal before ITAT as on 31 -1 -2020
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| Query | Challan already deposited against the appeal is not mentioned in Form 1 and department has also issued Form 3. |
| Answer | Please refer CBDT Circular No.21 /2020 dt. 4 -12 2020 , Q.No 89 : Once declaration is filed by assessee u/s 4 of Vivad Se Vishwas can the same be revised ? If yes , at what stage of the proceedings will the same be allowed ? Ans: Yes , declaration can be revised any number of times before DA issues a certificate under section 5 (1) of Vivad Se Vishwas .
Assessee can file revised form based on the Circular of the CBDT . Dept will consider the challan deposited earlier
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| Query | THE ASSESSEE HAS RECEIVED THE FORM NO 5 FOR DISPUTED DEMAND CAN ASSESSEE FILED THE REVISE DECLARATION FOR REMANAING DEMAND |
| Answer | Please refer CBDT Circular No.21 /2020 dt. 4 -12 2020 , Q.No 89 : Once declaration is filed by assessee u/s 4 of Vivad Se Vishwas can the same be revised ? If yes , at what stage of the proceedings will the same be allowed ? Ans : Yes , declaration can be revised any number of times before DA issues a certificate under section 5 (1) of Vivad Se Vishwas .
Assessee can file revised form based on the Circular of the CBDT .
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| Query | Whether assessee can take benefit of this scheme if Search & survey proceeding took place? |
| Answer | One of the condition is that the pendency of Appeal before the appellate forum as on 31 -1 -2020 or pendency of deemed appeal . . Refer Circular No 9 dt 22 -4 -2020 Q .N0 1 and Answer. As regards Search and Seizure Refer Q. No 6 and Answer . The assessee can avail the benefit of the VVS subject to the conditions prescribed in the Circulars .
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| Query | How to fill form 4 in case of refund?? And in other case proof of withdrawal of CIT appeal…how to get it?? |
| Answer | The asssessee has to state the amount of refund due to as per the computation . The Verification will be done the Office of the Designated Authority and thereafter the refund will be issued in due course of time .
The assessee can file the Form No 4 by enclosing the copy of letter addressed to the Office of the CIT(A) for requesting the permission for withdrawal of appeal. 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 withdrawal and such request is under process , proof of request made shall be enclosed
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| Query | Since 31st January 2021 is the last date for the scheme can we opt out of the scheme after jan 2022 |
| Answer | The assessee cannot opt the scheme after January 2021, unless the Government extend the date of the scheme . Refer Circular No 21 dt 4 -12 -2020 and Circular No 18 /2020 dt 28 -10 -2020
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| Query | the assessee income was reassess for AY 2011-12 for addition on GP on alleged bogus purchase. the matter was in appeal . Subsequently AO again reopens the assessment and this time added entire amount of purchases. the assessee is in appeal again. Now Assessee opted for VSV for 1st appeal. Form 1 by CIT indicate the disputed tax of second appeal. CIT is banking on AO’s recommendation, he refuses to see reason. pl advice |
| Answer | Both appeals independent . As regards the reassessment the assessee may have to file separate declaration referring the earlier appeal. Once the appeal of the reassessment is settled earlier assessment order may not survive . According to us the CIT is right , provided both the appeals were pending as on the appointed date .ie . 31 -1 -2020.
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| Query | My client’s case is a Non Search Case and he has filled in the Tax payable. But the Form is insisting on “Tax Payable for Search Case” also and not accepting Zero – it is showing the Error “enter Valid amount” |
| Answer | The assessee may have to approach the Designated Authority . This error is noticed by number of assesses. The assessee may try again , the Department must have rectified in their system .
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| Query | My assessees return was processed for the ay 2015-16 and refund of Rs 172284/- was received including interest of Rs5166/-.Subsequently the case was selected for scrutiny and a demand was made of Rs 272450/-including interest u/s 234a 9656/-,234b 18744/- ,244a 5166/-,234d 9760/-.The assessee opted for vivad se viswas scheme and filed the same .However on receipt of Form 3 it is seen the only 234a and 234b has been waived and interest under 244a and 234d have been demanded with disputed tax .May i know whats the correct treatment .Is the interest waived is only with respect to disputed tax ??Kindly help |
| Answer | Section 234D is on excess demand and Section 244A is interest on refunds . If he revenue has paid the excess interest based on the intimation , the revenue will be justified in demanding the excess interests paid by them .
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