Re: where for one year refund is there, and for other year demand is there, but net is refund as per form 3 of AO, how to complete form 4 for both years

In our case, since we have already deposited much higher amount than liability, we want to claim refund of the net amount.Whether this is possible under VSV scheme?
2. If yes, how to fill form 4, since for both years, nil amount is to be deposited.
3. In case we fill nil amount in both forms, how should this be brought to knowledge of the deptt.,since no remark or any such column is provided in form 4

VSVS is for settling the disputes which are pending before the  Competent Authority . Once the appeal is settled the assessee entitle to get the refund , if it due as per the provisions of the Act.  The Assessee may have to follow due process of law for getting the refund .  The assessee has to show tax to be deposited as nil.  The Assessee may state nil and refund . On receipt of the certificate the assessee has to make an application for refund .    Please refer Circular No .9 dt 22-4 -2020.  Q. No 42  . If taxes are paid after availing the benefits of the Vivad Se Vishwas and the later the tax payer decides to take refund of these taxes paid  , would   it be possible ? Ans . No. Any amount paid in pursuance of a declaration shall not be refunded under any circumstances .

On the facts the  assesseee is not claiming the refund which is paid under VSV but other amounts due to the asssessee , hence eligible for refund .  

 

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