Re: Query on Vivad Se Vishwas Form 4 regarding Proof of withdrawal of Appeal
Please Advice
In Form 4 of Vivad se Vishwas there is a requirement of mandatory attachment regarding proof of withdrawal of appeal. The appeal relates to Income Tax Appellate Tribunal and as per Vivad se Vishwas Act appeal pending before Income Tax Appellate Tribunal are deemed to be withdrawn from the date Certificate in Form 3 is received.
Form 3 Certificate received from CIT on 21.05.2020. Now the System is asking to submit Form 4 but there is no proof of withdrawal of appeal to attach.
Sub section 2 of Sec 4 of Vivad se Vishwas Act, 2020 —upon filing of declaration any appeal pending before the Income Tax Appellate Tribunal or Commissioner (Appeals), in respect of the disputed income or disputed interest or disputed penalty or disputed fee and tax arrear shall be deemed to have been withdrawn from the date on which certificate under sub-section (1) of section 5 is issued by the designated authority.
Yes, your understanding is correct. For matters before the ITAT & CIT(A) there is no requirement to submit a proof of withdrawal. It is only after getting certificate from the designated authority , the assessee has to intimate to the CIT(A), if the appeal is pending before CIT (A) . If the appeal is pending before the ITAT the assessee has to intimate to the Registrar of ITAT giving details of ITA No and Bench . The Tribunal will pass the consequential order .
Thanks for the reply Sir.
In form 4, the proof of withdrawal of appeal is called.
If assessee not withdrwn appeal before CIT (A). and mentioned reply in the column not applicable.
Whether the designated authority will approve form 4
What is crucial, that Section 4 (2) & 4(3) appears to be confusing. Further there is no link on e-filing portal to communicate the request of withdrawal. In the era of faceless where the assessee has to approach. Kindly somebody can clarify.
Form 4 has been prepared consolidated relating to all appeals which are pending. In case of appeal pending before CIT(A) and ITAT please select not applicable and submit form 4. In case of appeal pending other than CIT(a) and ITAT please select yes and submit appeal withdrawn certificate.
Form 4 has been prepared consolidated relating to all appeals which are pending. In case of appeal pending before CIT(A) and ITAT please select not applicable and submit form 4. In case of appeal pending other than CIT(a) and ITAT please select yes and submit appeal withdrawal certificate.
please view this
https://www2.deloitte.com/content/dam/Deloitte/in/Documents/tax/in-tax-the-direct-tax-vivad-se-vishwas-rules-2020-procedure-and-forms-noexp.pdf
I HAVE RECEIVED FORM 3 FOR VIVAD SE VISHWAS SCHEME AND NOW I HAVE TO FILE FORM 4 .AS THERE IS NO PAYMENT OF TAX ,THERE IS REFUND FOR WHICH I MADE APPEAL.NOW AS DO NOT HAVE TO MAKE PAYMENT THEN WHAT DETAIL SHOULD I PUT IN FORM 4.
For an Appeal pending with ITAT whether one has to file withdrawal letter and wait for Approval letter from ITAT or No need to withdraw appeal while filing form 4 ??
Thanks for the comments on Form 4 submission. It is helpful.
Q:- Do the DA of CIT pick the Forms submitted in the tab under Vivad se Vishwas window in my Tax e-filing portal. How DA( Designating Authority) will know that I have submitted files under V se V scheme?
MY submissions has not been seen yet even after 4 wks. It still says that submit Form 4. what I should do. Thank you.
My case is similar to Mr. Shantilal Jain posted on 14TH Jan 2021. I have received Form 3 where there is a refund.
Now that Form 4 requires to furnish the payment details against pending Tax, what am i supposed to do.
Why does VSW form4 ask for a Withdrawal of Appeal, even though it is inherently implied in Form2
I HAVE MADE PAYMENT UNDER VIVAD SE VISHEAS SCHEME AFTER RECEVING THE FORM 3. WITHHOUT FILING WITHDRAWAL PROOF I AM NOT ABLE TO SUBMIT THE FORM 4. PL HELP ME
How form 4 will be filed by Assessee if deptt. Appeal is before High court and assessee has opted the scheme.withdrwal is not in assessees control.
Mine is also similar to above. Departmental appeal is pending before High court. How to attach proof of withdrawal of appeal
In VSV scheme 2020, withdrawal number is applicable when the appeal is in High Court as I understand.
Good feedback
AFTER THE LAUNCH OF NEW PORTAL I AM UNABLE TO FILE FORM 4 OF VSVS WITH NEITHER OTP NOR WITH DSC. IT DISPLAYS SUBMISSION FAILED, NO RESPONSE RECEIVED FROM SERVER. WHAT TO DO. KINDLY HELP
In new efiling portal, on dashboard it shows recently forms filed, view that forms, shows status submit form 4, i filed today but when i view it again dashboard, status shows form filed on 23.08.2021 but then also it shows submit form 4.
I am trying to file form 4 but it is not available on the income tax website. When contacted helpline they are telling that time to file form 4 has ended on 30th of the September!
I have filed Form 4 but chaalan serial no is entered wrongly. How to rectify the my error. Form 5 is not isdued