Re: Error in Form 3

The AO adjusted tax payable under Vivad Se Vishwas (VSV) Scheme while passing rectification order u/s 154 for correction of mistakes in the assessment order and calculated refund. This rectification order was passed after assessee filed Form 1 and 2 of VSV Scheme.

The DA has now issued Form 3 showing ‘0’ amount in Tax payable arrear and Amount payable under DTVSV.

Since department has already recovered tax payable in DTVSV in rectification order passed u/s 154, should the assessee file a rectification of Form 3 so that the tax paid in VSV is correctly shown in Form 3 and Form 5.

Please refer circular No 21/2020 dt 4 -12 -2020 .    Q. No 89  Q.  Once declaration is filed by assessee u/s 4 of the Vivad Se Vishwas can the same be revised ? If yes , at what stage of the proceedings will the same be allowed  ? 

 Answer : Yes ,  declaration can be revised any number of times before DA issues a certificate under section 5 (1) of  Vivad Se Vishwas . 

However  we have been informed that under new portal there is no provision for making amendments .

The assessee may have to file rectification application before the Designated Authority  giving the details of tax recovered  from the assessee.

The assessee may have to contact the Designated Authority or may have to  file manually  the revised or rectification of form No 3 .    

 

 

---