Query | I have received form 3 from DA determining correct tax payable. However, I cannot find any optiom to file form 4 online. Please guide |
Answer | Please approach your designated authority. The designated authority cannot reject the application , without giving an opportunity of rectifying the mistake or defects if any in the form or procedural irregularities . If the application is rejected without giving an opportunity for rectifying the defects , one may approach the High Court by filing writ petition .
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Query | An amount recieved by individual from its HUF is Taxable under section 56(2)(x) if IT Act, 1961 |
Answer | A member of the 'HUF' has a pre-existing right in the family properties. A Coparcener has a pre-existing right and interest in the property and can demand partition also, however, the other members of the 'HUF' have right to be maintained out of the 'HUF' property. On division, the share in the estate/capital of the 'HUF' cannot be treated as income of the recipient,rather, the same will be a capital receipt in his hands. Accordingly the amount received by the assessee from the 'HUF', being its member, it is a capital receipt in his hands and is not exigible to tax. In Pankil Garg v. PCIT (2019) 178 ITD 282 (Chd.)(Trib.),www.itatonline.org the Tribunal held that the amount received as gift from 'HUF', being its member, is a capital receipt not liable to tax . |
Query | Is an amount Recieved by the individual from its Huf taxable under sec 56(2)(x) of IT Act, 1961. |
Answer | A member of the 'HUF' has a pre-existing right in the family properties. A Coparcener has a pre-existing right and interest in the property and can demand partition also, however, the other members of the 'HUF' have right to be maintained out of the 'HUF' property. On division, the share in the estate/capital of the 'HUF' cannot be treated as income of the recipient,rather, the same will be a capital receipt in his hands. Accordingly the amount received by the assessee from the 'HUF', being its member, it is a capital receipt in his hands and is not exigible to tax. In Pankil Garg v. PCIT (2019) 178 ITD 282 (Chd.)(Trib.),www.itatonline.org the Tribunal held that the amount received as gift from 'HUF', being its member, is a capital receipt not liable to tax . |
Query | Assessing officer had passed the order in the month of October-2019 and we have filed appeal before the CIT on 22.02.2020 through online. And due to not available of some documents for filing of condonation of delay we have not filed physically before the CIT. Now my query is whether I can file declaration application under section 3 of VSV Act, 2020 and can I avail the benefits of the VSV scheme? |
Answer | One may to find out when the assessment order was received by the. As the appeal was filed on 22-02 2020 , it is desirable to file an application for condonation of delay by filing an affidavit and explanation for condonation of delay Once delay is condoned , the appeal relates back the due date of filing of an appeal . Accordingly the assessee can avail the benefit of the scheme. The assessee should approach the CIT (A) with the request to take up the matter for an early hearing of application for condonation of delay . In case CIT (A) rejects the application for condonation of delay , the assessee should file an appeal before Tribunal and request for early hearing of the appeal . The Tribunal will take up the application for early hearing . Once the Tribunal decides the issue of condonation of delay and send the matter to CIT (A) to decide the matter on merits , the assessee can avail the benefit of the scheme .
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Query | there seems to be no provision in the drop down for int levied under Section 201. does that mean the int levied under this secion does not fall under the perview of VSV |
Answer | Please refer Circular No 9 of 2020 dt 22-04 -2020 question and answers , Nos , 15, 30 , 31 and 32 answers given therein which clarifies that on satisfying certain conditions the disputed interests can be settled . If there is any difficulty in finding the required provision in the drop down, it is advisable to contact your concerned Designated Authority with your issue. |
Query | The assesse has been issued a show cause notice u/s279(1) of the income tax act asking for an explanation as to why prosecution u/s278B should not be initiated on account of failure to deposit TDs on time . |
Answer | Yes, your understanding is correct. The assessee is eligible to avail the benefit under VSVA, the same is also clarified by CBDT Circular 9 of 2020 dt 22-04 2020. Q. no 22 Ans . Where only notice for initiation of prosecution has been issued without prosecution being instituted, the assessee is eligible to file declaration under Vivad se Vishwas. However, where the prosecution has been instituted with respect to an assessment year, the assessee is not eligible to file declaration for that assessment year under Vivad se Vishwas, unless the prosecution is compounded before filing the declaration. Regarding any shortcomings on the portal it is advisable to approach your concerned Designated Authority with your issue.
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Query | Refund to be received as per Form -3 received from PCIT (Appeal pending with CIT(A), 1. NO tax is payable – challan details Not applicable. 2. No proof of withdrawal required to be filed when appeal pending with CIT(A)- Automatic withdrawal of appeal. 3. Refund determined in form-3 not received- should I file form-4 or wait till refund???? that mean I need to file blank form -4 and refund will be processed after all forms of VSV is completed…please confirm my understanding????? |
Answer | The information about refund due has to be mentioned . After getting certificate the intimation is to be given to CIT (A) who will pass the consequential order . It may be desirable to wait till the receipt of refund order . One may consider approaching designated authority for further clarification . |
Query | I have received from 3 from PCIT for VSV form filed for Appeal Case pending before CIT(A). While filing form 4, Proof of withdrawal of Appeal is required to be filed with form 4, when appeal is pending before CIT(A). |
Answer | No, as per Section 4(2) of VSVA, upon the filing the declaration, any appeal pending before the Commissioner (Appeals) shall be deemed to have been withdrawn from the date on which certificate is issued by the designated authority. After receipt of certificate one may have to intimate to the CIT (A) who will pass consequential order .
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Query | WHILE FILLING V V APPLICATION FORM THERE IS A DROPDOWN WINDOW FOR INDICATING UNDER WHICH SECTION ORDER IS MADE.BUT 234E AND 206 ARE THERE.BUT IN FAQ 234E IS INCLUDED.HOW TO PROCEED |
Answer | Please write to designated authority asking for clarification or to make necessary changes in the form or portal . If no response is received within reasonable time one may approach the High Court by filing writ petition . |