Re: Vivad se Vishwas payment of tax
On case of Application filed under Vivad Se Vishwash Scheme before 24/03/2020. The DO i..e principal CIT has also uploaded Form No.3 on 04/05/2020 and in the said form it is mentioned that
“The declarant is hereby directed to make the payment of sum payable, if any, as per Balance amount payable / refundable after adjusting amount already paid above within Fifteen days from the date of receipt of this certificate.”
In case of non-payment of amount payable within the said period, the declaration under Form-1 shall be treated as void and shall be deemed never to have been made.”
However the payment date under VSVS 2020 has been extended to 31/12/2020. I have quaries in this regards as follows:
1) Whether the Form No.3 uploaded by Department during lockdown and compeling to make payment in 15 days which is also falle in lockdown situation is legaly vailid.
2) Whether in such case applicant has to make payment in 15 days or it will be automatically extended to 31/12/2020 even though there is no amendment in Sec.5 of VSVS 2020.
3) If payment is not made within 15 days, as mentioned in form no.3 is the declaration under Form-1 shall be treated as void and shall be deemed never to have been made. In that case can i re apply the same application online.
4) what is procedure for withdrawal of Application
Vide Economic package the Hon’ble Finance Minister has extended the last date for beneficial payment under VSVA to December 31, 2020. The same is the outer date to availing the Scheme and making payment under it. However, once, an assessee has made a payment, he is bound by VSVA and Rules framed therein.
Yes, the assessee will have to make payment within 15 days of issuance of Form 3.
However, in your case since an application is made on March 24, 2020, it may be possible to take shelter of the decision of the Hon’ble Supreme Court in the case of In re: Cognizance for extension of limitation Suo Motu Writ Petition (Civil) No(s) 3 of 2020 dated March 23, 2020 www.itatonline .org thereby extending the period of limitations under all laws until further orders.
In the interest of good compliance, it is still advisable to make the payment within 15 days.
Since the assessee has failed to do so, the application stands void ab initio. Therefore, the question of withdrawing the same does not arise.
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