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Query asked by Gaurav on January 6, 2021

Re: Rectification after receiving form 5

I filed form 1 calculating the tax payable under section 3 more of what actually payable by mistake.the department has issued form 5.Can I rectify the order now?

Please refer Circular No 21 /2020 dt 4-12 ,2020 , as per Q.No 89  Ans ,it has been stated that the declaration  can be revised any number of times before DA issues  a certificate under section 5(1) of the Vivad Se Vishawas. . On the facts the certificate is already issued by the DA . It is the Authority which has issued the certificate can rectify the certificate and issue a fresh Certificate . It is desirable for the assessee to make an rectification application  and pray for issue of  a fresh certificate . In case no response is received the assessee may have to approach High Court by filing writ petition .  

  

 


 

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