Question And Answer
Subject: Vivad Se Vishwas Scheme
Querist: Dhavalkumar Gandh
Answered by:
Date: October 20, 2022
Query asked by Dhavalkumar Gandh

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?

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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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