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Query asked by R.Team on April 4, 2020

Re: Disputed tax liability- Due date of payment .

As per section 3 of the amended bill, where the disputed tax liability is computed by the DA and the amount is payable before 30 June 2020, then 100% of the disputed tax is to be paid and if however, the same is determined by the DA and the amount is paid after 30 June 2020, then 110% of the disputed liability is to be paid.

A) In a case, where the disputed tax liability is determined by the DA on 25 June 2020, taxpayer has time of 15 days ie till 10 July 2020 to pay the disputed tax, then will it be eligible for 100% of disputed tax payment (even though payment is made after 30 June 2020) since the amount is payable before 30 June 2020– Section 3 does not mention that the amount is to be paid before 31 March 2020 (now 30 June 2020) to be eligible for 100% disputed tax liability but FAQ 28 dated 4 March 2020 states that the payment has to be made before 31 March 2020 (now 30 June 2020) to be eligible to pay 100% of disputed tax?

B) If the answer to the above is no, where taxpayer makes partial payment (say 80%) before 30 June 2020in relation to declaration filed, and balance payment (say 20%) is made after 30 June 2020 but within outer limit of 15 days, whether 10% additional amount under s. 3 of VSV can be restricted to unpaid amount (say on 20% of the disputed tax liability)?

Answered by
  • Technically it can be argued that since the amount is determined before 30 June 2020 by DA and the full payment is made within 15 days ie till 10 July 2020 (as provided under the Act), then taxpayer will be eligible for 100% disputed tax payment.  This stand will however be litigative. 
  • However, considering the intent of the legislature (ie to settle litigation and collect taxes), and as further clarified by FAQ 28 that payment needs to be made 31 March 2020 (now 30 June 2020) to be eligible for 100% disputed tax payment.  In a case where part payment is made after 30 June 2020, view appears to be that additional 10% will be payable on pro rata basis (only on 20% of the disputed tax liability).

 

If department levies additional 10% on the entire amount of disputed tax, then tax may have to be paid to settle the appeal under VSV and matter should be litigated before the HC/ SC.


 

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