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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 ..... ficer has 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... -rule (1) shall be verified by the declarant 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in MAT credit to be carried forward, the declarant 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... PART D - INFORMATION RELATED TO AMOUNT PAYABLE (i) Total amount payable under DTVSV if declaration is made on or before 31.12.2024 Pick up from X from relevant schedule (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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n equity, by statute or under any agreement entered into by India with any other country or territory outside India whether for protection of investment or otherwise. The above undertaking is irrevocable. I do hereby also undertake that provisions of section 96 of Finance (No. 2) Act, 2024 are not attracted in this case. I also confirm that I am aware of all the consequences of this undertaking. Place: …………… …………….. Signature/Verification Date: …………… Note: *Strike off whichever is not applicable. A Schedules applicable where declaration relates to disputed tax (applicable in case of PAN) Combination: Disputed tax + JCIT(A)/CIT(A) + Assessee Schedule I. To be filled in case appeal of assessee is pending before the JCIT(A)/CIT(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 be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 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 + Assessee Schedule IV. To be filled in case appeal of assessee is pending before the ITAT 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 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Old appellant case 0.6*C Y Combination: Disputed tax + SC + Assessee Schedule VIII. To be filled in case appeal or writ or SLP of assessee is pending before Supreme Court as on 22.07.2024 A Total income as per order against which appeal / writ / SLP 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 Combination: Disputed tax + SC + Department Schedule IX. 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 income as per order against which appeal / writ / SLP 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 c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... A(i) (ii) relating to issues other than A(i) A(ii) 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(i) 3[****] Old appellant case 0.55*A(i) +1.1* A(ii) 3[****] X Y Amount payable under DTVSV on or after 01.01.2025 New appellant case 0.55*A(i) +1.1* A(ii) 3[****] Old appellant case 0.6*A(i) +1.2* A(ii) 3[****] Y Combination: Disputed TDS/TCS + ITAT + Department Schedule XIII. To be filled in case appeal of Department is pending before the ITAT as on 22.07.2024 Amount of TDS / TCS disputed in appeal A TDS/TCS default for which 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 + HC + Deductor/Collector Schedule XIV. To be filled in case appeal or writ of asse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... : Disputed TDS/TCS + 264 + Deductor/Collector Schedule XVIII. 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 TDS/TCS default for which revision application 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 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 C. Schedule applicable where declaration relates to disputed penalty, interest or fee only (applicable for PAN and TAN) Combination: Disputed penalty/interest/fee + JCIT(A)/ CIT(A) + Assessee Schedule XIX. To be filled in case appeal of assessee is pending before the JCIT(A)/ CIT(A) as on 22.07.2024 A Total amount of penalty / interest / fees per order against which appeal is filed A B Disputed amount of penalty / interest / fee out of A B B(i)+B(ii) (i) relating to issues, which have been decided in favour of assessee in his case for any asse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on 22.07.2024 A Total amount of penalty / interest / fee as per order against which appeal or writ has been filed A B Disputed penalty / interest / fee due to appeal by assessee B C Tax arrears (B) C X Amount payable under DTVSV on or before 31.12.2024 New appellant case 0.25*B 4[****] Old appellant case 0.3*B 4[****] X Y Amount payable under DTVSV on or after 01.01.2025 New appellant case 0.3*B 4[****] Old appellant case 0.35*B 4[****] Y Combination: Disputed penalty/interest/fee + HC + Department Schedule XXIII. To be filled in case appeal or writ of Department is pending before the High Court as on 22.07.2024 A Total amount of penalty / interest / fee as per order against which appeal or writ has been filed 2[****] 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 4[****] Old appellant case 0.15*B 4[****] X Y Amount payable under DTVSV on or after 01.01.2025 New appellant case 0.15*B 4[****] Old appellant case 0.175*B 4[****] Y Combination: Disputed penalty/interest/fee + SC + Assessee Schedule XXIV. To ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... king into account loss/ unabsorbed depreciation in Column (3) Tax* plus interest on Income in Column (4) Tax* plus interest on Income in Column (5) Additional Tax payable in the year, if any [(7) - (6)] Relevant Year Relevant Year + 1 Relevant year + 2 … *Tax includes surcharge and cess Schedule XXVII-B. (2) (3) (4) (5) (6) (7) (8) MAT credit carried forward as per return filed MAT credit carried forward after VSVS settlement Income taking into account MAT credit in Column (2) Income taking into account MAT credit in Column (3) Tax* plus interest on Income in Column (4) Tax* plus interest on Income in Column (5) Additional Tax payable in the year, if any [(7) - (6)] Relevant Year Relevant Year + 1 Relevant year + 2 … *Tax includes surcharge and cess Form-2 [See rule 5] CERTIFICATE UNDER SUB-SECTION (1) OF SECTION 92 OF THE FINANCE (NO. 2) ACT, 2024 (UNDER THE DIRECT TAX VIVAD SE VISHWAS SCHEME, 2024) Whereas Mr./Mrs./M/s.................................... (hereinafter referred to as the declarant) having PAN ……………………………….. and TAN ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nly if TAN based appeal)____________________, for the Appeal Reference Number (add row)______________ and Date of Filing Appeal (add row)_____________, the detail of payments made is as under: Sl. BSR Code of Bank Date of Deposit (DD/MM/YYYY) Serial Number of Challan Amount (Rs) (1) (2) (3) (4) (5) 2. The appeal, objections, application, writ petition, special leave petition, or claim has been withdrawn (please upload proof of withdrawal). Place: …………….. Date: …………….. …………………….. Signature/Verification Form-4 [See rule 7] ORDER FOR FULL AND FINAL SETTLEMENT OF TAX ARREAR UNDER SUB-SECTION (2) OF SECTION 92 READ WITH SECTION 93 OF FINANCE (NO. 2) ACT, 2024 (UNDER THE DIRECT TAX VIVAD SE VISHWAS SCHEME, 2024) Whereas............................................................................. (Name of the declarant) (hereinafter referred to as declarant) having PAN …………………. And TAN (mandatory if TAN based appeal) ……………………&hell ..... 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