Re: Query with respect to payment of tax in Vivad Se Vishwas form

Say for AY 13-14, Assessee has a refund of Rs 100/- under 143(1) which is reduced in assessment order under 143(3) to refund of Rs 30/- as demand of Rs 70/- raised is adjusted. The refund amount has not been received by the assessee till date.
In DTVSV, Form 1 only considers payment against tax arrears made before filing of declaration and does not consider the tax paid by assessee by way of TDS deducted and Advance tax.
Because of this the payments made by assessee is not considered and a further demand is raised in form 3.

Please refer Q.No 79 and Ans . If prepaid tax being TDS /TCS is clearly identified with the  source of Income , it will be adjusted against tax liability with respect to such income . Rest of the prepaid tax which cannot be clearly identified  with the source of income  , will  be apportioned against the remaining tax liability .  

It may be desirable to make rectification application before the Competent authority .    Please   also refer question No  Circular No. 9 /2020 dt 22 -4 2020  Q.No. 46 . Whether DA can amend his order to rectify any patent errors .?

Ans . Yes , the DA  shall be able to amend his order under section 5 to rectify any apparent errors   

 

 

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