Now a days CPC Centre Bengaluru is disallowing u/s 36(1)(va) late deposit of PF / ESI (employees share) but deposited before the due date of filing of return and claimed by the assessee u/s 43B. There are lots of judgments on this issue by Supreme Court in Vinay Cement Ltd. and Altom Extrusion Ltd. Delhi High Court also gave judgment in favor of assessee in AIMIL Ltd., Dhamendra Sharma, SPL Ltd. etc. Recently, DHC confirmed the disallowance in Bharat Hotel Ltd case and keeping in view the judgment the CIT (A) in Delhi and ITAT in Delhi are confirming the disallowance. Some High Courts have confirmed the addition and some decided in favor of the assessee.

Sir, Income Tax Act is a central govt. act. Do you think it is fair some High Courts are disallowing and some are allowing. It is against the principle of judicial discipline and comity of course.

There is no loss to the revenue if there is some delay in deposit as assessee pays interest on late deposit under PF / ESI Act.

Unnecessary litigation is increasing as CPC Centre has feeded disallowance in every case.

On the one hand, govt is encouraging that litigation should be reduced by filing application under Vivad Se Vishwas Scheme but here due to automatic disallowance by the CPC Centre the litigation is increasing. Please clarify the issue and the matter should be taken with the govt. There should be one law in the whole country not state wise decisions.

Dear Sir,

I am in Contract service business in which each contract will be having period of more than 90 days. In computing income from said business, I recognized 25% of revenue in Year 1 and balance revenue in next three years (this method is based on survey method). During assessment proceedings, the Ld. AO has contends that the entire income should be offered in Year 1 itself. This issue is pending before the Hon’ble ITAT for about 10 years.

In this situation, if I file VSVS petition and offer the income based on Ld. AO position, can I claim the amount offered for AY 2017-18 as reduction in subsequent years.

We have a Quantum and Penalty appeal of the same year in CIT.
Would like to know if we opt for VSV scheme only for Quantum, whether the penalty appeal will be set off? Or we have to pay both the quantum and penalty appeal?

CIT(A) appeal has dismiss the Appeal on 04.01.2019 as no body has attended the appeal and Assesee has not filed the ITAT appeal—– Now question is can we go for V2V Scheme.

Dear Team,

We have order under section 143 rws 263 wherein certain additions have been made to MAT computation. We have following two queries:
1. Whether MAT paid under the scheme will be allowed to be carried forward to be set off in future years
2. The company has merged into another company as on date. Hence, will the MAT credit be allowed to be set off in merged entity.
Thanks in advance

We fall in the category of Cases where the time limit for filing appeal against an order has not expired as on 31 January 2020. In the order AO has not deducted TDS amount from the Payable Tax, we have not filed appeal for the same. In VsV scheme Form where can h we mention TDS already deducted and Paid to reduce it from the NET TAX Payable

We have received Form 3 under vivad se vishwas and we have made payment on 18th Day of receipt of Form 3 i.e. we have made payment after 15 days of time limit as mentioned in Form 3. After payment we have uploaded the Form 4 and now status is showing as “awaiting form 5 from CIT”. I want to know whether my form will be rejected as payment is made after 15 days or I will get the form 5? and in case form is rejected can i apply a fresh application for same assessmnent year. Further, do I need to submit application before CIT(A) for withdrawal of appeal or it is deemed to withdrawan.

Thank you in advance

We paid tax alongwith interest in response to demand u/s 148 r.w.s 144 of Income Tax Act due to non filing of return of that year. can we get refund of interest under Vivad se vishwas scheme

Sir
Under Vivaad se Vishwas scheme we have uploaded Form 1 and 2 and we are in receipt of Signed copy of Pr Commissioner Form 3 in which their is refundable amount and now there is problems in uploading Form 4 as everything is autopopulated except Bank details to be filled
The main confusion is as we have amount refundable in Form 3 what details should be filled in Form 4 in bank details column
Pls guide us in this matter as no one had any clarity right from the professionals to department officials as what to be filled in bank details of Form 4 if we have amount refundable in signed copy of Form 3
Pls oblige us by giving guidance

Facts:

1.An addition is done in case of assessee by AO, let’s say on account of hawala transaction, of Rs. 1 Crore.
2. The assessee files an appeal with the CIT(A), who has given a partial relief by reducing the addition to Rs. 20 Lakhs.
3. Now, both the assessee as well as the department files an appeal on the same issue with the ITAT.
Query:

How does the assessee settle the dispute?
A. Does he have to pay 100% tax on addition confirmed by CIT(A) of Rs. 20 Lakhs (as technically it has substituted the order of AO) or
B. Pay 100% tax on Rs. 20 Lakhs and 50% tax on Rs. 80 Lakhs or
Pay 50% on entire Rs. 1 Crore or
C. Pay 100% tax on entire Rs. 1 Crore of addition.
Both the appeals cover same issue. And hence, ideally, would settling any one of the appeals not be sufficient to bring the issue to closure?
D. Would it not be 100% of the amount of tax payable on Rs. 20 Lakhs, if the time limit for filing of the appeal has not expired as on 31st January, 2020?
E. If the assessee has carried forward losses would the answer be any different?