Re: VIVAD SE VISHWAS SCHEME

ONE OF MY CLIENT IS ASSESSED U/S 143(3) BY MAKING CERTAIN ADDITIONS. AGAINST THE SAID ADDITIONS, THE ASSESSEE HAS MOVED TO APPLICATION FOR VIVAD SE VISHWAS SCHEME AND PAID TAXES. NOW THE ASSESSEE HAS RECEIVED NOTICE U/S 153C FOR FILING RETURNS. KINDLY ADVISE ME ON WHAT INCOME WE HAVE TO FILE RETURN IN RESPONSE TO NOTICE U/S 153C WHETHER ON INCOME DECLARED UNDER ORIGINAL RETURN OR AT ASSESSED INCOME. IF I FILED RETURN ON ASSESSED INCOME, CPSE WILL RAISE THE DEMAND CONSIDERING ADDITIONS

The querist seems to have paid the tax on the disputed amount which is pending in appeal . The querist may write to the Assessing Officer who has issued the notice to drop the proceedings as the assessee has opted for under Vsv Act and also  file the return under protest . The additions made in the original assessment proceedings are of debatable in nature the  assesseee may show the  income returned as per the original return . If the additions are not debatable it may be desirable to show in the return pursuance of notice u/s 153C the assessed income . 

---