Further FAQ on Vivad se vishwas by CBDT on 04.12.2020

written by Income tax Expert | December 6, 2020

Recently the due date for applying to Vivad se vishwas – dispute resolution scheme has been extended to 31.12.2020 and last date for making payment without interest has been extended to 31.03.2021.

Earlier few FAQ were issued by CBDT on vivad se vishwas on 22.04.2020 and now CBDT has again issued FAQ on various other queries raised by people on Vivad se vishwas vide circular no. 21/2020 dt. 04.12.2020 which is as under:

Q. Whether the taxpayer in whose case time limit for filing appeal expired on or before 31.01.2020 but an application for condonation of delay has been filed is eligible for this scheme?

A. If the time limit for filing appeal expired between 01.04.2019 to 31.01.2020 and application for condonation is filed before the date of this circular and appeal is admitted by appellate before the date of filing declaration then such appeal shall be deemed to be pending as on 31.01.2020.

Q. Whether vivad se vishwas can be availed in a case where proceedings are pending before Income tax settlement commission (ITSC) where writ filed before order of ITSC?

A. No.

Q. A trust has been denied registration under section 12AA. Will same be eligible under Vivad se vishwas?

A. No.

Q. Vivad se vishwas forms do not contain specific option to settle appeal filed against intimation u/s 143(1).

A. Appeal filed against intimation u/s 143(1) is eligible under Vivad se vishwas if adjustment has been made under sub clauses (iii) to (vi) of clause (a) of 143(1).

Q. Whether appeal against penalties that are not related to quantum assessment like penalty u/s 271B, 271DA, etc are also waived upon settlement of appeal relating to “disputed tax”?

A. No appeal against such penalty is required to be settled separately.

Q. If the appeal involving issue of disallowance under section 40(a)(i)/ (ia) is settled under the scheme, whether consequential relief will be available in proceedings under section 201 of the Act initiated qua the same payment/ deduction?

A. No

 

To download full FAQ CLICK HERE.