Re: Form 5 of vivad vishwas scheme not received after 2 month

Form 4 filled on Dec 16, 2021 and still awaiting form 5. Received 3 separate notices u/s 250 from CIT(A) National faceless appeal centre asking to upload request for withdrawal of appeal, appeal no. form 1, 3 & 5 (if issued). First two times submitted as requested in time without form 5 as not yet issued and hence unable to understand why once again third time same notice is received.

What to do now ? How to seek clarification on what they want as submitted everything earlier as requested ? And all this delaying form 5 issuance. Thanks

As per section 5 of VSV Act, 2020 and Rule 7 of VSV Rules, 2020, there is no prescribed time period within which the Designated Authority has to issue Form 5 i.e. Order of full and final settlement. 

 

Further, as per section 4(2) of VSV Act, 2020, Appeal before the CIT(A) is deemed to be withdrawn when certificate under section 5(1) of VSV Act, i.e., Form 3, is issued

 

Therefore, it is advisable to intimate the National Faceless Appeal Centre about receipt of Form 3 and payment made in Form 4. Please refer Circular No 9 of 2020 dated 22-4-2020 Q. No 43 . and answer , where the assessee has made request for withdrawal   and such request is under process , proof of request made shall be enclosed . It is the designated  Authority has to issue the certificate .   Further, if certain hesitation persists, it is advisable to approach the designated authority for further clarifications.

 

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