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Answers By Expert: Dr. K. Shivaram (Sr. Advocate)
Query

If case was pending as on 31.01.2020 ,case was argued and head before itat on 06th feb and decided against .whether we can apply under vivad e vishwash scheme

Answer

As per FAQ No. 56 of CBDT Circular No. 21 of 2020 dated December 4, 2020. The assesssee is eligible for VSVA.

Query

1. The petitioner had filed a revision application u/s 264 of the act before CIT against penalty order u/s 271(1)(c) of the Act.
2. The date of order was 29.04.2013 .
3. There was a delay in filing the petition.
4. The petition was filed along with an application for condonation in delay.
5. The said petition was pending on the date of announcement of VSV Scheme.
6. The petitioner filed a declaration under VSVS but the same was rejected by Pr.CIT on the ground that the petition filed u/s 264 of the Act was not in time

A request to kindly suggest a solution available to the assessee.
Answer

 As per FAQ No. 59 of CBDT Circular No. 21 of 2020 dated December 4, 2020. The assesssee should eligible for VSVA. 

Merely filing of a condonation of delay application will not suffice, the same has to be condoned . Therefore the assessee may approach the authority concerned  and request in writing to pass the order. In case the order is not passed the assessee may file writ before the High Court .In case the application for condonation of delay is  rejected it is desirable to file before High Court against the  rejection order.
Query

I have filed form-1, as per which , i’m suppose to get the refund (as i have already paid the demand amount & later on opted for Vivad se Vishwaas Scheme). What is the procedure to get the refund amount. What details i have to fill in form-4 to get such refund.

Answer

Once the form 3 is issued which will confirm the declaration submitted by the declarant. After adjusting the tax to be paid the refund will be issued . In case refund is not granted the assessee can file writ before High Court .
Query

While passing order u/s 143(3) the AO was not TDS credit.I have filed rectification request for the same.but no revised order has been received yet.Can file declaration after deducting TDS
Answer

From what we understand, the assessee wishes to file for VSVA after giving TDS credit.  Please request the Assessing Officer to pass  rectification order . In case the rectification order is not passed , the assessee may have to pay the tax on the amount of tax in dispute As and when the rectification order is passed the assessee will get the refund with interest .  Alternatively the asseesee may have to file writ before the High Court and Court may direct the Assessing  Officer to pass the rectification order

Query

I filed itr for asst year 2008 09 of i incone of Rs 226614.assd u/s (143)

Income assd by different ito u/s 144/147 on Rs 1250000.00 in respect of bogus purchases of rs 1250000.00 no mention of income of rs 226614.00 However final income assesed by ito on rs 1250000.00 after filling revision u/s 264 who remanded case to ito who again assd on rs 1250000.00 u/s 154 as directed by cit
Assesse filed appeal to cit (A) against order u/s 154 .cit (A) rejected appeal against which appeal filed before ITAT which is pending

Question. What income should be shown in application form
Vad se vishwas scheme

Rs 1250000.00as assesd
How to corelate original income of Rs 226614.00 as this has no mention in asst order or any order as reffered above
In IT 30 ito has also deducted the tax assd u/s 143(1)

A k jain 9810033737
Regards
Answer

Appeal pending before ITAT i.e. Appeal against CIT(A) order has to be settled under VSVA.  Tax is dispute which is pending before ITAT has to be settled , subject to pendency of appeal as on 31 -1 -2020 .
Query

Refund issued under section 143(1). While making 143(3) interest allowed under section 244A was withdrawn and 234D was charged on refund enjoyed by assessee. Whether interest u/s 244A and 234D will be charged by Assessing Officer while giving effect of Form 5 or these interests shall be waived.
Tax u/s 143(1) 100000
tds 120000
REFUND 20000
INTEREST 244A 2000

TAX U/S 143(3) 140000
234ABC 5000
244A(3) 2000
234D 500

Amount payable under VSV will be 40000 (140000 – 100000) or it would be 42500 (40000+2000+500)
Answer

We presume the valid appeal is pending before Competent authority as on 31 -1 -2020 .  Amount payable will be on the amount on amount of tax disputed in appeal .  Once the amount is settled the interest will be waived and other consequences will follow as per the law . Please read Section 7 of the Direct Tax Vivad Se Vishwas Act , 2020 Explanation , excess amount  shall not be entitle to interest on such excess amount under section 244A of the  Act .

 
Query

I have a refund of 1 crore as per VSV in AY 2010-11 and demand of 2 crores under IT Act in AY 2011-12. If I go under VSV only for AY 2010-11, will I get cash refund of 1 crore or it will be completely adjusted against demand of AY 2011-12?
Provide basis for your answer if you have any. As per my understanding, they cannot adjust because both are separate Acts.
Answer

The Direct Tax Vivad Se Vishwas Act, 2020 is code by itself . Section 245 , of the Income -tax Act , 1961  which deals with Set off of refunds against tax remaining payable under certain circumstances is not applicable to VVS Act .Accordingly the revenue cannot adjust the demand of AY. 2011-12 .In case the revenue adjust the  demand the assesssee may have to file writ before High Court .  
Query

Can we avail the benefit of VSV scheme for the Order passed u/s 154 but the same has not bee appealed before any authority
Answer

Unfortunately, no, the order under section 154 is appealable before CIT(A). An appeal ought to have been pending on the specified date i.e. January 31, 2020 to avail VSVA
Query

Dear Sir/Madam,

In Vivas se Vishwas scheme we have recieved Form 3 , now we need to pay the amount.
Whether it is to be paid under Self Assessment or Regular Assessment ?
Answer

Regular assessment tax Code 400
Query

in the case of NON PAN Assesses or the case through legal heir. there Legal Heir have the PAN but the the actual assesses has not have any PAN Allotted so this person can filed the VSV

Answer

We do not see any reason why the legal heir should not be allowed to file under VSVA. In the form the assessee may  refer as legal heir and quote the PAN No of legal heir .  The  assessee may also write to the designed  Authority . In case the application is rejected the assessee may file writ before High Court .We do not see any reason why the legal heir should not be allowed to file under VSVA. In the form the assessee may  refer as legal heir and quote the PAN No of legal heir .  The  assessee may also write to the designed  Authority . In case the application is rejected the assessee may file writ before High Court .