| Question And Answer | |
|---|---|
| Subject: | Vivad Se Vishwas Scheme |
| Category: | Income-Tax |
| Querist: | Dhavalkumar Gandh |
| Answered by: | Advocate Shashi Ashok Bekal |
| Tags: | Vivad Se Vishwas Scheme |
| Date: | October 20, 2022 |
Form: 5 has been issued under Vivad Se Vishwas Scheme settling demand arising from order u/s. 144 rws 147 for AY 2012-13.
After that AO has issued notice u/s. 154 for change in tax demand arising from order u/s. 144 rws 147 for AY 2012-13.
Whether AO can change demand when he has ascertained demand while accepting declaration under VsVs. ?
Whether change in demand will affect already issued Form: 5? What the remedies to the assessee for remaining demand?
The Ld. AO cannot rectify the order after the assessment year is settled under VSVA. In absence of alternate efficacious remedy, the assessee may file a Writ Petition challenging the act of the Ld. AO.
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