Query | We have to file an application under vivad se vishwas scheme for demand in TDS cases. Order u/s 200A/201(1)/201(1A), and Penalty order u/a 271C, but when we file the application these sections are appearing in portal(means where it is asked to furnish the details of order passed under section….there these sections are not available. How should we proceed. |
Answer | The assesee or its representative should approach their respective designated authority. In case no response is received one may approach the High Court by filing writ petition . |
Query | Can I still go for Vivad se Vishwas scheme when the CIT (A) has passed the order in May, 2020. Appeal was filed in 2015. Since the Appeal was pending with CIT(A) on the designated date, i.e., 31-01-2020. Kindly clarify. |
Answer | If the CIT (A) has passed the ex parte order without giving an opportunity of hearing , the assessee should file an rectification application before the CIT(A) to rectify the order . The assessee can also file an appeal to Tribunal on the grounds of violation of principle of natural justice and make an application for an early hearing of appeal .If the Tribunal set aside the appeal to CIT (A) to decide the appeal on merits giving an opportunity of hearing the assessee can avail the benefit of the scheme. One has to consider whether the assessee has given an intimation to the CIT (A) in writing that the assessee is desirous of availing the benefit of the scheme still the order was passed by the CIT (A) one may approach the High Court by way of writ petition . |
Query | Recently, FM announced that the date of payment of disputed tax etc. without extra payment under the scheme has been extended till 31.12.2020. My question is whether the date of filing of online Form 1 has also been extended or that remains till June 30? |
Answer | The date of filing & beneficial payment under VSVA was extended to June 30, 2020 vide Finance Ministry issues Taxation and other Laws (Relaxation of Certain Provisions) Ordinance, 2020 dated March 24, 2020; However, as per the press release dated May 13, 2020, the extension to of beneficial payment is extended to December 31, 2020. As the scheme it self is extended till 31 -12 -2020 , the date of filing Form 1 is also extended . We are expecting one more ordinance or Clarification from the Board . |
Query | While uploading encountering error, Furnish Valid amount in case of search cases” where i am furnishing declaration relating to non-search case. What values are required to be submitted as it is neither accepting Zero nor Blank. Thanks |
Answer | Please contact the designated authority , they will clarify . Many such difficulties are faced by the assesses the authorities may rectify the mistake or may issue the clarification at the earliest. |
Query | The assessee fulfills all the criterias for filing of declaration under VSV Act. |
Answer | As we understand, the assessee fulfils all the criteria to be eligible under VSVA. Section 9 of VSVA is an exhaustive list to whom the Act shall not apply. As the case of the assesee does not fall under any of the criterion under section 9 of VSVA. The assessee can avail the benefit of the scheme .
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Query | If my client has not opned the traces site for one year and ex party order is given by CIT-A and came to know after 31/1/20 , hence could not able to file appeal In ITAT. Wants to go in VsV. |
Answer | It is desirable to file an appeal before the Appellate Tribunal with condonation of delay . Request the Honourable vice president to fix the appeal for hearing only on condonation of delay. Once the delay is condoned it relates back and the assessee can avail the benefit of the VSVA. |
Query | One of My client has received an Order from AO U/s. 143(3) and the timelimit for filing appeal as on 31-01-2020 has not expired.But Appeal has not been filied till date.Will this case be eligible for the scheme. |
Answer | There is no clarification for cases where deemed appeal is not filed. However, going by the language of VSVA strictly; The case is eligible for VSVA and there is no express language dictating otherwise. However , it is desirable to file an appeal now with application for condonation of delay. The assesses should request the CIT(A) to pass the order on condonation of delay . Once the delay is condoned appeal relates back , hence the assessee will be eligible to avail the benefit of VSVA . |
Query | I have filed Form 1 of VSVS. |
Answer | Yes you nay revise the form before issue of certificate by Designated authority . Representation is sent to CBDT to clarify at what circumstances the assessee can revise the form We are expecting clarification from CBDT on this particular issue . |