The Assessment order received for AY 13-14, revises the Total Income to Rs -8706142 from -14499445; after adding 2 incomes under sec 69C to the return filed by the assessee. A notice of demand is also received showing outstanding tax to be paid on those 2 incomes. An appeal has already been filed against the same. Kindly suggest as to what can be done regarding this notice under Vivad se vishwas scheme in form 1. Will the additional tax be payable even though the Total Income is -ve as per order?

Form 1 & 2 has been filed after giving effect to the rectification order passed by the AO. However, in the said Form we could not find any column to the mention the details as per the rectification order. But the designated authority did not consider the rectification order and determine the amount payable under DTVSV as per the original assessment order u/s 143(3) and thus issued the Form 3. Kindly, advice what is required to do this context.

Assessment Order for AY 2013-14 u/s.143(3) dt. 29-02-2016 passed after making addition of Rs.55,53,560/- to the returned income of Rs.1,86,000/-.

Honb’le ITAT vide order pronounced on 31-01-2020 has set aside the matter back to the AO. AO has not started the assessment proceeding till date.

Whether the assessee is ellligible under Vivad Se Vishwas Scheme?

Addition of Rs. 15 lakhs were made vide order u/s. 143(3) dt. 03-03-2014 in case of Pvt. Ltd. Co. The Hon’ble CIT(A) has deleted addition of Rs. 3 Lakhs and Hon’ble ITAT has further deleted addition of Rs. 2 Lakhs. The company has not filed further appeal against remaining quantum of Rs. 10 lakhs and paid the taxes.
Meanwhile AO has levied penalty on addition of Rs. 15 lakhs vide order u/s. 271(1)(c) Dt. 23-03-2017. The company filed an appeal against order u/s. 271(1)(c) before Hon’ble CIT(A) on 25-04-2017. The appeal is still pending before Hon’ble CIT(A).
The company after receipt of order of the Hon’ble ITAT in quantum appeal has requested AO to rectify quantum subjected to penalty from Rs. 15 lakhs to Rs. 10 Lakhs.
The company want to opt for Vivad Se Vishwas Scheme
Whether the company has to pay 25% of penalty on Rs. 15 lakhs or Rs. 10 Lakhs?

If by any reason the process of verification of Form 4 is failed or say if later it comes to knowledge that there was a technical error is filling VSV form. However if the assesee has made the payment of taxes by that time. My question is whether the said payment of tax will be refundable/ adjustable or it will be no refundable/adjustable at all if the VSV process becomes invalid due to some technical reason

A -ve return had been filed by the assessee for AY 2010-2011 having carry forward loss. The assessee received an order, disallowing all expenses claimed in the CY as well as PY b/f losses, and also to pay tax on 8% of gross receipts. A CIT appeal had been filed against the tax on profits(taken by AO as 8% of gross receipts) and the disallowance of brought forward losses of PGBP. The same was partly allowed ( B/F loss allowed). After allowing of the same, the tax on Total Income becomes -ve.
Hence, an ITAT appeal was filed in order to claim the entire CY loss, the same pending as on 31/1/2020.
Kindly guide as to whether Schedule D or A will be filed for the same. and

1) CIT Appeal filed against quantum order for Tax & Interest.
2) Notice issued u/s. 274 for penalty u/s. 271(1)(c), received and assesse requested to assessing officer to keep the same in abeyance till disposal of CIT Appeal.
3) Said penalty kept in abeyance till final disposal of quantum appeal by Assessing Officer and Penalty Order from Assessing Officer Not Received till filing under Vivad Se Vishwas Scheme.
4) If quantum appeal applied under Vivad se Vishwas Scheme, at later date/ after payment of quantum, penalty is payable or same covered under Vivad se Vishwas Scheme?

Respected Sir,

Assessee died on 24.07.2016. After his death, his PAN has been deactivated. He has two sons. Legal heir tried numerous times to ‘Register as Representative’ in e-filing portal of Income Tax Department but the same was rejected due to requirement of ‘Legal Heir Proof’. The assessee died in Bali, Indonesia and therefore the representative is facing difficulties in obtaining legal heir proof from appropriate authorities. Due to this reason only, appeal was also filed by legal heir in physical form instead of electronic form. Legal heir of assessee wants to opt for Vivaad se Vishwas Scheme which can be filed electronically only. Since the PAN of assessee does not exist and we are unable to register any representative in e-filing portal, what remedy/options are available in such cases, to file declaration under the scheme.

Respected Sir,
My father Late SS Pandey died in the year 2006 and had recovery disputed matter from the assessment year 1986-1992. This case is pending in tribunal court,Indore. As per income tax recovery notice I am legal heir. Kindly suggest how can I apply for vivad se vishwas scheme and get benefit from it.

If the Assessing Officer fails to rectify error apparent on record, whether a writ can be preferred on the premise that no alternate efficacious remedy is available and the assessee will not be able to file VSVS application if rectification is not permitted.

What would be the answer in case, the rectification is summarily disposed off