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The answers given below are in response to queries asked by other people.
Name SHAILENDRA SSCHAN
Query

FROM WHERE I GET FORM NO. 4 ?

WILL IT BE PROVIDED BY PCIT ONLINE ON FILLING PORTAL OR I HAVE TO SUBMIT IT ON MY OWN?

IF SUBMIT ON MY OWN, WHERE I FIND IT AND WHERE TO UPLOAD IT ?(UPLOADING STEPS)

THANKYOU

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Name Vasant kothari
Query

Hon high court rejected/dismissed reference on 30 November 2019 , the appellant has time of 90 days to file further appeal , can the appellant take benefit of Vivad to vishwas scheme?

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Name CA Vasant kothari
Query

Can addition U/S 68 cash credit in form of unsecured loan made in assessment settled under Vivad to vishwas scheme, can appellant be able to credit ?to capital account of unpaid loan still appearing in balance sheet of appellant

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Name Janki
Query

I have received refund for an AY along with interest u/s 244A. Disputed tax computed under VSVS is Nil after adjustment of refund received. Do I need to refund the interest u/s 244A amount received earlier?

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Name Palanivel Dharumar
Query

Sirs, your goodselves replied for my earlier query that VSVS can be filed with Lodging No. and pray for withdrawal of the same and the Hon’ble Judges will pass orders on withdrawal.

Whether the Hon’ble High Court Judges will pass orders on SR No. / Lodging No. cases, when the cases are not numbered? Any lead case on this point as it is learnt that SR No. / Lodging No. cases are not treated as pending before the Hon’ble High Court and the same are treated as pending only on being numbered as Tax Cases.

I have also raised this query in my comment to your goodselves reply.

Kindly request your goodselves to clarify and advise.

Thanking you in anticipation.

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Name J
Query

Addition has been made in 2 years – AY 05-06 and AY 08-09 under section 2(22)e – deemed dividend tax. Assessee, holding majority stake in company had taken unsecured loans in these 2 years.

AO has passed order in 2014 making addition under section 154 in both years levying penalty and interest. Assessee has repaid the loans in the same year these were obtained from the company. Presently case is waiting hearing before CIT(A). Meanwhile Assessee has passed away and is being represented by legal heir who is now a majority shareholder of the company.

Question is if under VSVT scheme if legal heir of assessee wishes to settle both cases by paying tax amount how is the loan account which was at the heart of the matter treated? If we are accepting the amount received by assessee was indeed deemed dividend and book the same under income from other sources, can the loan amount be considered to be receivable again from company as deemed dividend? Company is willing to give undertaking that said amount was indeed deemed dividend and is payable to assessee.

Briefly after accepting the said amount as deemed dividend and paying tax on it, is it still considered loan amount? Can the legal heir file a fresh return of income showing the said deemed dividend as income from other sources, pay tax under VSVT and claim the said deemed dividend from the company?

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Name CA Abhay D. Chhajed
Query

Due to change of name and conversion of Private Limited Company into Public Limited company it’s PAN was changed. Assessment in the New Name and new PAN was completed and appeal is pending before CIT(A). Based on 26AS Best Judgment Assessment in the Old Name and Old PAN was completed. In the Assesssment Order AO has written both names of the Company, however PAN written is older one. We have filed appeal against this Order U/s. 144 in the New Name and under New PAN. Whether and How we can settle both disputes under DTVSV Scheme? In New PAN there are Two Appeals while in the Old PAN there is no pending appeal. Two separate Demands are standinig against both PAN.

Thanking you all in anticipation,

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Name Raman Shah
Query

TDS DEFAULT U/S 201(1) / 201(1A)

TDS DEFAULT U/S 201(1) – RS 125988/-.
INTEREST PAYABLE U/S 201(1A) – RS 181873/-.

Assessee has to Rs 45468/- ( 25% of Interest amount only) whether this treatment is correct as per FAQ 32 of VSV scheme

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Name Murtaza
Query

This is a case of bogus purchases. Brief facts of the case are as under:

1) In year 1, the AO disallowed capital bogus purchases and the depreciation thereon. Thereafter, in appeal before the ITAT, the ITAT set aside the matter back to the AO for fresh adjudication (as additional evidence was filed before ITAT).

2) In year 2, the AO once again disallowed the depreciation portion in respect of the capital assets which were disallowed in year 1. The CIT(A) in year 2, deleted the said addition as on that particular date when the CIT(A) order was passed, the AO has not passed any order for year 1 as per the directions of the ITAT.

The assessee is opting for VSV scheme in year 1 wherein the matter in dispute relates to addition on account of capital assets and depreciation thereon (set aside matter)

The assessee is opting for VSV scheme in year 2 as well, however, in year 2, the disputes are in respect of other matters before the ITAT (i.e. the depreciation portion which is already deleted by the CIT(A) is not in dispute)

Based on the facts stated above, our questions/queries are as under:

1. Do we need to pay tax under the VSV scheme on the depreciation disallowance for year 2? Please note that the said depreciation for year 2 is not in dispute presently and the assessee will be paying tax on the depreciation under the VSV scheme in year 1.

2. As the assessee will be paying tax under VSV scheme in year 1 in respect of depreciation disallowance, whether the same will have any impact on the assessee’s position in year 2.

3. For year 2, can we write a letter to the AO to give effect to order of CIT(A) in respect of deletion of depreciation which has arisen on account of bogus purchases in year 1?

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Name Jagdish
Query

The notice date under 274 is 20/11/2019, but the penalty order came on 6/2/20. This is under appeal. Is this eligible of VSVS?

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