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TMI BlogDirect Tax Vivad se Vishwas Rules, 2024X X X X Extracts X X X X X X X X Extracts X X X X ..... as not completed the assessment under sub-section (13) of that section, or application filed under section 264 of the said Act; (c) Form means the Forms annexed to these rules; (d) issues covered in favour of the declarant means issues in respect of which (i) an appeal or writ or special leave petition is filed by the income-tax authority before the appellate forum; or (ii) an appeal is filed before the Commissioner (Appeals) or the Joint Commissioner (Appeals), or objections is filed before the Dispute Resolution Panel, by the declarant, on which he has already got a decision in his favour from the Income Tax Appellate Tribunal (where the decision on such issue is not reversed by the High Court or the Supreme Court) or the High Court (where the decision on such issue is not reversed by the Supreme Court); or (iii) an appeal is filed by the declarant before the Income Tax Appellate Tribunal on which he has already got a decision in his favour from the High Court (where the decision on such issue is not reversed by the Supreme Court); (e) new appellant case means any case other than an old appellant case where the declarant is an appellant after the 31st January, 2020 but on or befo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ant or any person competent to verify the return of income on his behalf in accordance with section 140 of the Income-tax Act, 1961 (43 of 1961) . (3) The designated authority, on receipt of declaration, shall issue a receipt electronically in acknowledgement thereof. 5. Form of certificate by Designated Authority.- The Designated Authority shall issue a certificate referred to in sub-section (1) of section 92 electronically in Form-2. 6. Intimation of payment. - The intimation of payment as referred to in sub-section (2) of section 92, made pursuant to the certificate issued by the designated authority shall be furnished along with proof of withdrawal of appeal, objection, application, writ petition, special leave petition, or claim filed by the declarant to the designated authority in Form-3. 7. Order by designated authority.- The order by the designated authority under sub-section (2) of section 92 , in respect of payment of amount payable by the declarant as per certificate issued under sub-section (1) of section 92 , shall be in Form-4. 8. Laying down of procedure, formats and standards.- (1) The Principal Director General of Income-tax (Systems) or the Director General of Inc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... shall have an option to (i) include the amount by which MAT credit to be carried forward is reduced in disputed tax and carry forward the MAT credit by ignoring such amount of reduction, or (ii) carry forward the reduced MAT credit. (2) Where the declarant exercises the option as provided in clause (ii) of sub-rule (1), he shall be liable to pay tax, including surcharge and cess, along with interest, if any, as a consequence of carrying forward reduced MAT credit in subsequent years: Provided that in computing the reduced amount of MAT credit to be carried forward in clause (ii) of sub-rule (1), one-half of the amount by which MAT credit is reduced shall be considered for reduction, if such reduction is related to issues covered in favour of declarant. Explanation . For the purposes of this rule MAT credit means the tax credit as provided in section 115JAA or section 115JD of the Income-tax Act, 1961 (43 of 1961). FORM-1 (See rule 4) FORM FOR FILING DECLARATION UNDER SUB-SECTION (1) AND UNDERTAKING UNDER SUB-SECTION (4) OF SECTION 91 OF THE FINANCE (NO. 2) ACT, 2024 (UNDER THE DIRECT TAX VIVAD SE VISHWAS SCHEME, 2024) PART A GENERAL INFORMATION PAN (mandatory field) TAN (mandatory ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (in case of both assessee and deptt appeal, add them up) (ii) Total amount payable under DTVSV if declaration is made after 31.12.2024 Pick up from Y from relevant schedule (in case of both assessee and deptt appeal, add them up) PART E INFORMATION RELATED TO PAYMENTS AGAINST TAX ARREAR (i) Whether the declarant has made any payment against tax arrears before filing of declaration? Yes No (ii) If yes, please fill following details S. No. Date of payment Amount BSR Code Challan Serial Number 1. (iii) Total payments against tax arrears PART F Net amount payable/refundable by the appellant: Part D (i) or D (ii), as the case may be, less Part E (iii) VERIFICATION I .........................................................(name in block letters) son/daughter of Shri/Smt. ................................................... solemnly declare that to the best of my knowledge and belief the information given in this declaration is correct and complete and is in accordance with the provisions of the Direct Tax Vivad se Vishwas Scheme, 2024. I further declare that I am making this declaration in my capacity as (drop down to be provided) ............................ and that I am competent to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... A)as on 22.07.2024 A Total income as per order against which appeal filed A B Disputed income out of A (i) relating to issues, which have been decided in favour of assessee in his case for any assessment year by ITAT (and such order has not been subsequently reversed by the High Court) or High Court (and such order has not been subsequently reversed by the Supreme Court) B(i) (ii) relating to issues other than B(i) B(ii) C Disputed tax in relation to disputed income at B(i) C D Disputed tax in relation to disputed income at B(ii) D E Tax effect of enhancement, if any, by JCIT(A) or CIT(A) E F Total disputed tax (C+D+E) F G Interest charged on disputed tax G H Penalty levied on disputed tax H I Tax arrears (F+G+H) I X Amount payable under DTVSV on or before 31.12.2024 New appellant case 0.5*C + D + E Old appellant case 0.55*C +1.1*D + 1.1*E X Y Amount payable under DTVSV on or after 01.01.2025 New appellant case 0.55*C + 1.1D + 1.1E Old appellant case 0.6*C +1.2*D + 1.2*E Y Combination: Disputed tax + DRP draft order+ Assessee Schedule II . To be filled in case assessee has filed objections with DRP against draft assessment order and DRP has not issued any directions as on 22.07.202 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h Court (and such order has not been subsequently reversed by the Supreme Court) B(i) (ii) relating to issues other than B(i) B(ii) C Disputed tax in relation to disputed income at B(i) C D Disputed tax in relation to disputed income at B(ii) D E Total disputed tax (C+D) E F Interest charged on disputed tax F G Penalty levied on disputed tax G H Tax arrears (E+F+G) H X Amount payable under DTVSV on or before 31.12.2024 New appellant case 0.5*C + D Old appellant case 0.55*C +1.1*D X Y Amount payable under DTVSV on or after 01.01.2025 New appellant case 0.55*C + 1.1D Old appellant case 0.6*C +1.2*D Y Combination: Disputed tax + ITAT + Department Schedule V. To be filled in case appeal of Department is pending before the ITAT as on 22.07.2024 A Total income as per order against which appeal filed OR to be filed A B Disputed income out of A B C Disputed tax in relation to disputed income at B C D Interest charged on disputed tax D E Penalty levied on disputed tax E F Tax arrears (C+D+E) F X Amount payable under DTVSV on or before 31.12.2024 New appellant case 0.5*C Old appellant case 0.55*C X Y Amount payable under DTVSV on or after 01.01.2025 New appellant case 0.55*C Old appellant ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 01.2025 New appellant case 0.55*C Old appellant case 0.6*C Y Combination: Disputed tax + 264 + Assessee Schedule X. To be filled in case revision application of assessee under section 264 is pending before the PCIT/CIT as on 22.07.2024 A Total income as per order against which revision application filed A B Disputed income out of A B C Disputed tax in relation to disputed income at B C D Interest charged on disputed tax D E Penalty levied on disputed tax E F Tax arrears (C+D+E) F X Amount payable under DTVSV on or before 31.12.2024 New appellant case C Old appellant case 1.1*C X Y Amount payable under DTVSV on or after 01.01.2025 New appellant case 1.1*C Old appellant case 1.2*C Y B. Schedules applicable where declaration relates to disputed TDS/TCS (applicable for TAN) Combination: Disputed TDS / TCS + JCIT(A)/CIT(A) + Deductor/Collector Schedule XI. To be filled in case appeal of assessee is pending before the JCIT(A)/CIT(A) as on 22.07.2024 A Amount of TDS / TCS disputed in appeal A A(i)+A(ii) (i) relating to issues, which have been decided in favour of assessee in his case for any financial year by ITAT (and such order has not been subsequently reversed by the High Court) or Hi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... D X Amount payable under DTVSV on or before 31.12.2024 New appellant case A Old appellant case 1.1*A X Y Amount payable under DTVSV on or after 01.01.2025 New appellant case 1.1*A Old appellant case 1.2*A Y Combination: Disputed TDS/TCS + HC + Department Schedule XV. To be filled in case appeal or writ of Department is pending before the High Court as on 22.07.2024 Amount of TDS / TCS disputed in appeal A TDS/TCS default for which writ or appeal is filed A B Interest charged on disputed TDS / TCS B C Penalty levied on disputed TDS / TCS C D TDS / TCS arrears (A+B+C) D X Amount payable under DTVSV on or before 31.12.2024 New appellant case 0.5*A Old appellant case 0.55*A X Y Amount payable under DTVSV on or after 01.01.2025 New appellant case 0.55*A Old appellant case 0.6*A Y Combination: Disputed TDS/TCS + SC + Deductor/Collector Schedule XVI. To be filled in case appeal or writ or SLP of assessee is pending before the Supreme Court as on 22.07.2024 Amount of TDS / TCS disputed in appeal A TDS/TCS default for which writ or appeal or SLP is filed A B Interest charged on disputed TDS / TCS B C Penalty levied on disputed TDS / TCS C D TDS / TCS arrears (A+B+C) D X Amount payable under ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... + 0.3*C X Y Amount payable under DTVSV on or after 01.01.2025 New appellant case 0.15*B(i) + 0.3*B(ii) + 0.3*C Old appellant case 0.175*B(i) + 0.35*B(ii) + 0.35*C Y Combination: Disputed penalty/interest/fee + ITAT + Assessee Schedule XX. To be filled in case appeal of assessee is pending before the ITAT as on 22.07.2024 A Total amount of penalty / interest / fee as per order against which appeal has been filed A B Disputed penalty / interest / fee due to appeal by assessee - B B(i)+B(ii) (i) relating to issues, which have been decided in favour of assessee in his case for any assessment year by High Court (and such order has not been subsequently reversed by the Supreme Court) B(i) (ii) relating to issues other than B(i) B(ii) C Tax arrears (B(i) + B(ii)) C X Amount payable under DTVSV on or before 31.12.2024 New appellant case 0.125*B(i) + 0.25B(ii) + 0.25*C Old appellant case 0.15*B(i) + 0.3B(ii) + 0.3*C X Y Amount payable under DTVSV on or after 01.01.2025 New appellant case 0.15*B(i) + 0.3*B(ii) + 0.3*C Old appellant case 0.175*B(i) + 0.35*B(ii) + 0.35*C Y Combination: Disputed penalty/interest/fee + ITAT + Department Schedule XXI. To be filled in case appeal of Department is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tment Schedule XXV. To be filled in case appeal or writ or SLP of Department is pending before the Supreme Court as on 22.07.2024 A Total amount of penalty / interest / fee as per order against which appeal or writ or SLP has been filed A B Disputed penalty / interest / fee on issues raised in appeal B C Tax arrears (B) C X Amount payable under DTVSV on or before 31.12.2024 New appellant case 0.125*B + 0.125*C Old appellant case 0.15*B + 0.15*C X Y Amount payable under DTVSV on or after 01.01.2025 New appellant case 0.15*B + 0.15*C Old appellant case 0.175*B + 0.175*C Y Combination: Disputed penalty/interest/fee + 264 + Assessee Schedule XXVI. To be filled in case revision application of assessee under section 264 is pending before the PCIT/CIT as on 22.07.2024 Amount of TDS / TCS disputed in appeal A Total amount of penalty / interest / fee as per order against which revision application filed A B Disputed penalty / interest / fee on issues raised in revision application B D Tax arrears (B) D X Amount payable under DTVSV on or before 31.12.2024 New appellant case 0.25*B + 0.25*C Old appellant case 0.3*B + 0.3*C X Y Amount payable under DTVSV on or after 01.01.2025 New appellant ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Number Date of filing Appeal (1) (2) (3) 4(a) 4(b) (5) (6) (7) (8) (9) = (7) (8) The declarant is hereby directed to make the payment of sum payable, if any, as provided in column (9) above within fifteen days from the date of receipt of this certificate. In case of non-payment of amount payable within the said period, the declaration under Form1 shall be treated as void and shall be deemed never to have been made. Place ................... Date ..................... (Designated Authority) Form-3 [ See rule 6 ] INTIMATION OF PAYMENT UNDER SUB-SECTION (2) OF SECTION 92 OF FINANCE (NO. 2) ACT, 2024 (UNDER THE DIRECT TAX VIVAD SE VISHWAS SCHEME, 2024) To, The Designated Authority ............................................ ............................................ Sir/Madam, 1. Pursuant to the certificate received from designated authority in Form-2 vide certificate No.____________ dated _____ in respect of _________________ ________________________________________________________(Name of the declarant) _____________PAN and______________ TAN(mandatory if TAN based appeal), for A.Y._____________ and F.Y.(to be furnished only if TAN based appeal)____________________, for the Appea ..... X X X X Extracts X X X X X X X X Extracts X X X X
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