| Query | Please clarify that whether the tax payment under VSVS to be made by 31.10.2021 has to be 110% of whole of disputed tax or on such payment which remained to be on 30.09.2021 |
| Answer | 31 -10 -2021 was Last date for beneficial payment under the VSV Act, 2020 extended by CBDT, vide Notification No.75 of 2021 dated June 25, 2021(2021) 435 ITR (St) 25 Please refer Circular No 18 /2020 dt 28 -10 -2020 ( 2020 ) 428 ITR 104 (St) , 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 ( Now extended up to 31-10 -2021 ) Please also refer Circular No 21 /2020 dt 4 -12 -2020. ( 2020 ) 429 ITR 1 ( St) 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 30-9 -2021 . In case the Designated levies 110% of the tax in dispute on entire amount the assessee may have to pay 110 % and file the writ before the High Court. |
| Query | The assessee had filed their application in Form 1 & 2 in the month of January 2021. |
| Answer | Please write to the Designated Authority and Chairman CBDT. You may also write to Shri S.R. Wadhwa Advocate ,Chairman Representation committee of the All India Federation of Tax Practioners (AIFTP ) ,who is interacting with the Central Board of Direct taxes (CBDT) 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, How can I fill Form 4 in the payment particulars. Without filling that section of Form 4, I am unable to file. |
| Answer | The assessee may state in the payment particulars the refund due to the assessee and details of tax deducted at source . |
| Query | Sir, I opted for Vivad se Vishwas and filed form 1 and 2 and received form 3. Can we file form 4 before receiving the CIT(A) as proof of withdrawing the appeal . Eventhough I requested for withdrawing the appeal the CIT (A) faceless scheme not responded. |
| Answer | Yes . Please refer CBDT Circular No. 9 /2020 dt. 22-4 -2020 , Q. 43 and answer . which reads as under “ Under the amended procedure no appeal is required to be withdrawn before the grant of certificate by DA under section 5. , the appellant is required to withdraw appeal or writ or appeal pending before the appellant form and submit proof of withdrawal with intimation of payment to the DA as per the same section. Where assessee has made request for withdrawal and such request is under process , proof of request made shall be enclosed.
Yes . Please refer CBDT Circular No. 9 /2020 dt. 22-4 -2020 , Q. 43 and answer . which reads as under “ Under the amended procedure no appeal is required to be withdrawn before the grant of certificate by DA under section 5. , the appellant is required to withdraw appeal or writ or appeal pending before the appellant form and submit proof of withdrawal with intimation of payment to the DA as per the same section. Where assessee has made request for withdrawal and such request is under process , proof of request made shall be enclosed.
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| Query | We received form 3 from IT department intimating refund. The form 4 was also filed duly. The status as shown in the IT portal is “Awaiting Signed Form 5 from CIT”. In between we have received hearing notice for the appeal u/s 250. How is this possible? |
| Answer | The assesseee may write to the Office of the CIT (A) informing that the assessee has filed form No 4 and awaiting signed Form 5 under VSV Scheme ,hence the matter may be adjourned . The Assessee may also write to the Designated Authority to send the Signed Form 5 at the earliest .
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| Query | I want to know in which head i have to pay the tax and in which provision (i.e basic,int,fee) Thankyou |
| Answer | : 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 .
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| Query | I have received Form 5 on account of settling disputed tax under VSV scheme in Feb 2021. I have received IT Orders and Notices seeking penalty for the same disputed tax. Please advice as to how do I seek a complete solution to this issue |
| Answer | The assessee is advised to make an rectification application for cancellation of the penalty lived .The assessee may enclose the details of payment made as per VSV Scheme. In case the rectification is not done with in the limitation period of filing an appeal before the CIT (A) the assessee is advised to file an appeal before the CIT (A) on merit as well as on legal issue .
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| Query | What if the payment to be made under the Scheme after the receipt of Form 3 is not paid within the due date given for payment along with additional amount(i.e Oct 31st 2021) |
| Answer | Appeal will hold good only the immunity under VSV Scheme is not available to the assessee. Please refer Circular No 9/2020 dt.22-4 -2020 , Q. 49 . Once declaration is filed under Vivad Se Vishwas and for financial difficulties ,payment is not made accordingly , will the declaration be null and void ? Answer: Yes it would be void . |
| Query | What is the time limitation for issue of refund by the department determined in Form 5 of VSV? If the refund is not received within the said time limit then whether the assessee is entitled for interest on the delayed period and what is the procedure. pl. guide |
| Answer | There is neither time prescribed under the Act nor interest is payable to the assessee. The assessee may make an request in writing to the Designated Authority to grant the refund with interest at the earliest . If no response is received within reasonable time the assessee may file writ before the High Court. High Court has the power to direct the Designated Authority/ Assessing Officer to grant refund along with the interest . |