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

sir, form 1 & 2 filed with 50% of disputed tax shown as payable. form 3 issued with 50% disputed tax plus proportionate interest allowed earlier u/s 244A. is it correct. please clarify.
regards,
ch. hari krishna

Answer

If he revenue has paid the excess interest based on the intimation , the revenue will be justified in  demanding the excess interests paid by them,  however the Act is silent on the issue . The assessee has no remedy than filing the writ before High Court , however it is not desirable .

 

 

Query

Sir I had filled the form in Vivad se Vishwas, its approval came form-3 I did not download it at that time now how can I download it from the new Income Tax portal

Answer

The assessee should down load the form  .  In case any difficulty the assessee may contact the Designated Authority .

 

Query

For Assessment Year 2020-21 ( FY 2019-20), I have filed ITR. Under section 80ccd(2) I have put wrong details i.e. instead of Rs. 190000 put Rs. 135000. Can I file request for rectification under 154(1)?

Answer

The assesee can file  an application for rectification of mistake . It is the duty of the Assessing Officer to rectify the mistake and grant the relief as per the law . Article. 265 of the Constitution of India states  that “No tax shall be levied or collected except by authority of law“. The collection of tax has to be also within the frame work of law. The Circular No. 14 (XL-35), dt. 11/04/1955, also states that a duty is cast upon the Assessing Officer  to assist and aid the assessee in the matter of taxation. Assessing Officers  are supposed to advise the assessee and guide them and not  take advantage of any error or mistake committed by the assessee or of their ignorance. The function of the Assessing officer  is to administer the statute with solicitude for public exchequer with an inbuilt idea of fairness to taxpayers.   In CIT v. Shelly Products (2003) 261 ITR 367 (SC)  (382 ) the court held that , “If the assessee has by mistake or inadvertence or on account of ignorance, included in his income any amount which is exempted from payment of Income-tax or is not income within the contemplation of law, he may like wise bring this to the notice of the assessing authority, which if satisfied, may grant him relief and refund the tax paid in excess  if any“.

In CIT v. K.N.Oil Industaries ( 1983 ) 142 ITR 13 (MP) (HC) ,the court held that if it was apparent from the record that the assessee was entitle to a particular relief , the relief should be granted , though the relief was not claimed in the original assessment proceeidngs .

Query

While submitting Form 4 on new portal error is Submission Failed – No response received from Server

Answer

We have been informed by many Tax professionals  that they are not getting the response from  New portal  as regards  DTVSV. Please write to Designated  Authority .You may also email  in detail  the problem relating to New Portal to Shri S.R Wadhwa , Chairman Representation Committee of the All India Federation of  Tax Practioners (AIFTP ) who is  interacting with the concerned officials from CBDT  on day to day basis to solve the all issues relating to functioning of New Portal . His email is as under  wadhwasr@hotmail.com  . You may also  forward copy to aiftpho@mail.com .  Any tax professionals  who have issues in functioning  of new  New portal may  email to Shri S.R .Wadhwa ,   Chairman Representation Committee of the AIFTP . 

 

Query

I have deposited VVS scheme challan and challan starts with 0 i.e challan no. is 04559 but when I file this chllan no. [Form No. 4 DTVSV ] it does not take zero and shows only 4 digit and show error in challan no.

Answer

There is no separate Challan  has been prescribed .  Most of the assesses  have paid taxes   by using  regular assessment tax challan , with minor head 400 . Write properly the PAN  NO and Assessment year .   If  PAN NO is  written   correctly  the  Designated Authority will  grant credit for the amount paid . The assessee may write to the Designated Authority for any further clarification .

 

Query

sir i had received refund on the same year for which we file details under VSV, now there is a difference between tax arrear calculation by taxpayer and tax arrear calculation by income tax authority. Is there they charged interest or penalty on earlier received refund

Answer

The assessee may file rectification application before the Designated Authority .  In case no rectification is done with in a reasonable time the assessee may have to file writ before the High Court .

Query

Miscellaneous application u/s. 254(2) of IT Act was filed by the Department recalling ITAT Order which has been rejected by the Hon’ble ITAT. Department has once again filed another Miscellaneous application u/s. 254(2) of IT Act to recall the order passed by the Hon’ble ITAT.
The filing of 2nd miscellaneous application is valid as per law. Any case laws in this regard.

Thanking you in advance

Answer

In CIT v. Vasantben H. Sheth [2015] 372 ITR 536 (Guj.)(HC), it was held that second application on same grounds was not maintainable, and hence, the Tribunal was not justified in considering second application and rectifying its order. {Also see: S. Panneerselvam (Dr.) v. ACIT (2010) 217 Taxation 260 / Tax. L.R. 326 (Vol. 40 May 2010) (Mad.)(HC), CIT v. Aiswarya Trading Co. [2010] 192 Taxman 385 (Ker.)(HC), CIT v. Panchu Arunachalam [2010] 323 ITR 31 (Mad.)(HC) and Hexa Securities & Finance Co. Ltd. v. ITO [2010] 127 TTJ 510 (Delhi)(Trib.), CIT v. Chemical & Allied Products [2008] 296 ITR 297 (All.)}. In Kailashnath Malhotra v. JCIT [2011] 8 ITR (T) 457 (TM)(Mum.), it was held that the Tribunal having taken a conscious decision in the order passed on the first Miscellaneous Application that its conclusion in the original order was not based on erroneous facts or non-appreciation of facts on record that no legal contention going to the root of the matter remained to be considered, second Miscellaneous Application was not maintainable on the same set of facts.

 

  

Query

I COULD NOT FIND PREVIOUS FORMS FILED UNDER VIVAD SCHEME IN THE NEW INCOME TAX PORTAL AS I HAVE TO FILE FORM NO.4 AFTER MAKING PAYMENT ON 30.6.21. KINDLY GUIDE

Answer

VSTA Form cannot be up loded presently on the new system portal as it does not have a tab for the same , please visit NSDL portal . It may desirable to contact Deisgnated Authority and also write tto the Chairman CBDT . In case no reply is received it may be desirable to file  writ petition before High Court .

Query

THE DEPARTMENT HAS EXTENDED TIME TO MAKE PAYMENT OF VIVAD SCHEME BY 30TH JUNE 2021. PLEASE INTIMATE THE TIME LIMIT FOR SUBMISSION OF FORM nO.4 WHERE PAYMENT IS MADE ON 30.6.21.

Answer

There is no time limit now , however it is desirable to file the Form No 4 at the earliest . 

Query

From where i can download Form 5 for VSVS. On the old portal there is tab for VSVS scheme, where i am able to view status for the same.
Now where can i see the same on new portal.

Answer

Please contact the Designated Authority  or write to the Chairman CBDT