Re: Withdrawal of Application under Vivad se Vishwas Act
I have made application under Vivad se Vishwas on 30.12.2020 but after receiving form 3, appellate order is passed and the order is in the favour of appellant. Appellant wants to withdraw application under Vivad se Vishwas but in his e-filing account there is no such option. Please suggest what should be done in this case.
The asssessee may write to the Designated Authority. The asssessee can opt out, however if taxes paid under the Vsv Act, the assessee will not get the refund. Please refer circular No . 9 /2020 dt 22-4 -2020--Q, No . 42 and answer given by the CBDT, which state that any amount paid in pursuance of a declaration made under the Vivad Se Vishawas shall not be refundable under any circumstances .
Don’t pay tax payable as per declaration so that it becomes infructuous, and appeal and consequent proceeding are resored.
In case no tax is payable due to excess tax paid before declaration, withdraw declaration and request for restoration of appeal.
Revision of declaration is allowed, so withdrawal should also be allowed.
I have applied for vivad se vishwas scheme already completed form B and i have also withdrawn my appeal in ITAT. But as I am not able to pay in vivad se vishwas i would like to withdraw my application and restore my appeal in ITAT is it possible????