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Query asked by V.JAYARAMAN on January 12, 2021

Re: WHETHER INTEREST PAID U/s.140A ADJUSTED AGAINST DISPUTED TAX DEMAND

The assessment pertains to long term capital gains for the AY 2014-15. The assessee is a NRI who filed his return of income belatedly on 25/09/2018 disclosing LTCGs of Rs.8,62,470/- . The assessee paid self assessment tax to the tune of Rs.3,65,390/- ( Rs.1,77,669/- towards tax and Rs.1,87,721/- towards interest portion).

The assessment was completed U/s.143(3) r.w.s 147 wherein the returned income was not considered and total income of Rs.60,15,656/- was determined as long term capital gain (assessee has no other source of income). The tax on long term capital gains was arrived along with interest and demand was raised for a sum of Rs.26,95,663/- ( Tax portion being Rs.12,39,225/- and interest portion being Rs.14,56,438/-) . As per the assessment order, the assessee was asked to pay Rs.23,30,270/- arrived at by deducting Rs.3,65,390/- paid by the assessee as self assessment tax against the total tax liability (Note : Returned income was not considered but credit was given for tax paid U/s.140A)

The assessee has gone on appeal and the same is pending for adjudication before the CIT (A)-1. The assessee has now decided to buy peace by opting for settlement under VIVAD SE VISWAS SCHEME.

My query is whether assessee can claim credit for the entire amount paid under 140A (tax portion and interest portion together) towards disputed tax?
Since the returned income was not accepted by the AO, whether there is a need to bifurcate the tax paid U/s.140A into tax portion and interest portion while adjusting against earlier tax payments made towards disputed tax demand??

One has to see what is the tax in dispute is pending in appeal .  The assessee has to settle the tax in dispute . The tax paid under section 140A will be  given credit to the assessee.  The assessee may have to pay only Tax  the interests  levied  will be waived , once the tax in dispute is settled .  

 


 

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