The CBDT has sent a clear message to the Principal Commissioners and their subordinates that the “Vivad se Vishwas” scheme should not be treated in a casual manner by them but that they have to make efforts in the right earnest. It is stated that the performance of officers in respect of the scheme will be specifically commented upon and shall be an important factor in determining their future postings
Government of India
Ministry of Finance
Department of Revenue
[Central Board of Direct Taxes)
New Delhi the 13″ February, 2020
OFFICE MEMORANDUMSub: Performance of Pr. Chief Commissioners of Income Tax in respect of ‘Vivad Se Vishwas Scheme’- to be a part of APAR – reg.
The Direct Tax Vivad se Vishwas Bill, 2020 has been introduced in the Parliament as a taxpayer friendly measure with the objective of minimizing litigation as well as to realize the demand locked up in litigation.
Considering the importance being attached by the Government to the Scheme it is imperative that the field formations make efforts in the right earnest for the success of the scheme, after its enactment.
Accordingly, I have been directed to convey that all the field officers i.e., the Assessing Officers, Range Heads, Pr. Commissioners of Income Tax, Chief Commissioners of Income Tax and Pr. Chief Commissioners of Income Tax may give details of their performance in respect of ‘Vivad Se
Vishwas Scheme’ in the self-appraisal in the APAR for F.Y. 2019-20.Details of the number of disputed cases, amount involved in disputed cases as well as the number of cases resolved and the amount collected under the scheme may be reported in the self-appraisal. The performance of officers in respect of “vivad Se Vishwas Scheme’ wi11 be specifically commented upon by the Reporting and the Reviewing officers and shall be an important factor in determining their future postings.
(Rakesh Gupta)
CIT(C&S), CBDT
All Pr. Chief Commissioners of Income Tax
What will make the benevolent scheme successful is the courteous and assessee-friendly approach by the officers.
Few points to make it successful.
1.Bring out FAQs at the earliest after the scheme is gazetted.
2.Most are concerned about the the tax already paid voluntarily and collected by department after assessment or penalties levied.The allowability of credit and in some cases even refunds.
3.Recent assessments of reopening cases sees no or LESS credit of tds and advancetax and bogus demands.Many feels even paying taxes and appearing in 26AS the credit are not given as OLTAS is not showing.A CLEAR CUT DIRECTION IN THIS REGARDS.
4.A letter stating the actual dues be served to assessee from AO and all forum about the appeals lying unadjudicated AND ASSESSEE CONFIRMING OR AMENDING IT.
5.A clear chart that many shell and bogus co cases and the huge demands may not opt for obvious reasons.
6.There is clamouring to collect demand after budget with full knowledge that VSV IS COMING.A STOP TO THIS.
7.THE 26AS BE ACTIVATED FROM SAY 2000/2005 ONWARDS AT LEAST SO ASSESSEE KNOWS AND SEE THAT HIS DEMANDS HAS BEEN ADJUSTED IN WHICH YEAR REFUNDS.
8.ALL HEARING BE KEPT IN ABEYANCE AND BEFORE ASSESEE ARGUE A LETTER STATING NOT AVAILING VSV BE DONE.
9.THE DECLARATION SHALL CONSIST COLUMNS OF TDS,ADVANCE TAX,SELF ASST TAX,TAX PAID ON REGULAR ASST AND ADJUSTED BY DEPTT FROM REFUNDS.
10.THERE IS FEEL GOOD AMONG THE LITIGANTS ABOUT THE SCHEME AND MANY SHALL OPT PROVIDED THE ABOVE ARE SORTED OUT.
11.DATE OF COLLECTION AND DECLARATION BE EXTENDED TO JULY 2020 .LIQUIDITY PROBLEM IS THERE AND ACTUAL DETERMINATION OFTAX FIGURES ARE ALSO A ISSUE.
12.If somehow the declaration is invalid the tax paid be adjustable.
The pending issues in lakhs shall end but Department should be forthcoming in sharing datas or corrections at their end.