| Query | Sir, In the Form I of DTVSV, the appeal reference number was reported wrongly. It was an inadvertant error and the Designated authority has also issued the Form 5 based on the wrong reference number. HOW THE REFERENCE NUMBER IN FORM 5 CAN BE CHANGED. WHAT IS THE PROCEEDURE FOR MAKING SUCH CHANGE. |
| Answer | The assessee can make an application before the competent authority stating the inadvertent mistake of appeal reference number . The Competent Authority has the power to rectify the mistake . . Please also refer CBDT Circular 21 of 2020 (2020) 429 ITR (St) 001with a view to provide clarification Q. No 89 Q. Once declaration is filed by assessee u/s 4 of the Vivad Se Vishwas can the same be revised ? If yes , at what stage of the proceedings will the same be allowed ? Answer : Yes , declaration can be revised any number of times before DA issues a certificate under section 5 (1) of Vivad Se Vishwas . However we have been informed that under new portal there is no provision for making amendments . The assessee may have to contact the Designated Authority or may have to file manually the revised or rectification of form No 4. In case the Designated Authority refuses to pass the rectification order , the assessee may have to file writ before the High Court .
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| Query | we have received final order in FORM 5 in DVSV Scheme determining refund to assessee. now what to do by assessee to get refund & with in how many days refund will be credited in account. |
| Answer | The refund will be transferred to the account of the assessee, as per the record of the Income -tax Department . In case the refund is not received in due course of time , the assessee is requested to file an application in the portal and also an application before grievance cell . In case no response is received , the assessee may file writ before the High Court .
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| Query | we have received final order in FORM 5 determining refund to assessee. now what to do by assessee to get refund. whether in faceless assessment regime AO will issue the refund or it will be transferred in account. |
| Answer | The refund will be transferred to the account of the assessee, as per the record of the Income -tax Department . In case the refund is not received in due course of time , the assessee is requested to file an application in the portal and also an application before grievance cell . In case no response is received , the assessee may file writ before the High Court .
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| Query | Sir , In such platform , various professional ask only one query , after submitting of form – 4 portal shows “Awaiting Signed Form 5 from CIT” then how to deal with such issue, so for the benefit of public please give a drafted request letter to Designated Authority for issuance of FORM 5 as earliest as possible |
| Answer | It may be desirable for the professional organisations like , the All India Federation of Tax Practioners , Bombay Charted Accountant’s Society or the Chamber of Income tax Consultants to make a representation before the CBDT . In case the CBDT is not responding the Associations may file PIL or Writ petition before the High Court . Please write to the President of respective Associations to take up the matter with the CBDT. |
| Query | I am not able to upload my form 4.HUF pan linked to individual pan of kartha which is linked with aadhar.kindly advice. |
| Answer | Please contact the Designated Authority . The assessee may also write to Shri S.R Wadhwa Chairman Representation committee of the AIFTP ,who is interacting with the BOAD on day to day basis as regards the functioning of portal . His email is , wadwasr@hotmail.com or aiftpho@gmail.com
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| Query | Sir, I’ve received Form 3 and has paid tax. But I’ve not filed Form 4.What is the last date to file Form 4 |
| Answer | There is no time limit is prescribed under the Act . However it is desirable to file at the earliest .
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| Query | if assessee want to rectify Form 4 as date for filing form 4 is 30 oct…but form 5 has been issued…in such case can the assesee still revise form 4 |
| Answer | Please refer CBDT Circular 21 of 2020 (2020) 429 ITR (St) 001with a view to provide clarification Q. No 89 Q. Once declaration is filed by assessee u/s 4 of the Vivad Se Vishwas can the same be revised ? If yes , at what stage of the proceedings will the same be allowed ? Answer : Yes , declaration can be revised any number of times before DA issues a certificate under section 5 (1) of Vivad Se Vishwas . However we have been informed that under new portal there is no provision for making amendments . The assessee may have to file rectification application before the Designated Authority giving the details of tax recovered from the assessee. The assessee may have to contact the Designated Authority or may have to file manually the revised or rectification of form No 4.
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| Query | In Form 4 of VSVS bank payment details are must. Demand of the assessee was adjusted against the refund and now as per Form 3 there is refund. How can the tax payment details filled up in Form 4. Please guide. |
| Answer | The assessee may state the amount of refund adjusted with the date of adjustment . and also mention the tax payable will be nil .
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| Query | Last date for vivad se vishwas scheme appeal |
| Answer | 30 -9 -2021 was Last date for beneficial payment under the VSV Act, 2020 extended by CBDT, vide Notification No. 94 of 2021 dated August 31, 2021 (2021) 437 ITR (St) 13 and 31 -10 -2021 was Last date for payment under the VSV Act, 2020 extended by CBDT, vide Notification No.75 of 2021 dated June 25, 2021(2021) 435 ITR (St) 25 |