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Query asked by Hanisha on February 17, 2021

Re: Appeal allowed after payment made in form3

The assessee has already made the payment as per form 3 received. After which, the ITAT order is passed allowing all the claims of the assessee. Now, should the assessee continue with filing of form 4 and then start with the refund application process? or not file form 4 and directly request for refund of the amount paid from the Assessing officer?

It is pertinent to note that, as per section 7 of VSV Act, 2020, Any amount paid in pursuance of a declaration made under section 4 shall not be refundable under any circumstances. This has been further clarified vide FAQ 42 in CBDT Circular No. 9 of 2020 dated April 22, 2020. Therefore, it is advisable not file Form 4 and to collect the amount paid as a refund of tax paid under normal circumstances.  


 

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