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TMI BlogGuidance Note 1/2024 on provisions of the Direct Tax Vivad se Vishwas Scheme, 2024X X X X Extracts X X X X X X X X Extracts X X X X ..... VSV Scheme, 2024 , several queries were received from the stake-holders seeking guidance in respect of various provisions contained therein. 3. Accordingly, under Section 97 of the DTVSV Scheme, 2024 which empowers the Board to issue directions or instructions in public interest, following Guidance Note in the form of answers to the frequently asked questions (FAQs) is hereby issued. This will be helpful for the tax-payers for creating better awareness and understanding with respect to the provisions of the Scheme. S. No. Issue Comments Eligible Cases 1 Which appeals are covered under Direct Tax Vivad Se Vishwas Scheme, 2024 ? Please refer to section 89 of the Direct Tax Vivad Se Vishwas Scheme, 2024 ('the DTVSV Scheme, 2024' or 'the Scheme ) [contained in Chapter IV of the Finance (No.2) Act, 2024 ]. Section 89 of the Scheme provides for the definition of appellant which is - (i) a person in whose case an appeal or a writ petition (WP) or special leave petition (SLP) has been filed either by him or by the income-tax authority or by both, before an appellate forum and such appeal or petition is pending as on the specified date i.e. 22.7.2024: or (ii) a person who has fi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... here an appeal/writ petition/SLP is filed by the income-tax authority on any disputed issue, the amount payable shall be 50% of the amount payable specified in the Table above. Where an appeal is filed by the appellant before the Commissioner (Appeals) / Joint Commissioner (Appeals) or objections are filed before the Dispute Resolution Panel on any issue on which he has already got a decision in his favour from the ITAT (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), the amount payable shall be 50% of the amount payable specified in the Table above. Where an appeal is filed by the appellant on any issue before the ITAT 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), the amount payable shall be 50% of the amount payable specified in the Table above. Types of Forms and Timelines 4 What are the various Forms specified in the Scheme? Four separate Forms have been notified for the purposes of the said Scheme. These are as under: Form-1 : Form for filing declar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... essee and assessments have been made consequently; or (ii) Where the Assessing Officer has drawn satisfaction, with the prior approval of the Principal Commissioner or Commissioner, that any money, bullion, jewellery or other valuable article or thing, seized or requisitioned under section 132 or section 132A in case of any other person on or after the 1st day of April, 2021, belongs to the assessee and assessments have been made consequently; or (iii) Where the Assessing Officer has drawn satisfaction, with the prior approval of Principal Commissioner or Commissioner, that any books of account or documents, seized or requisitioned under section 132 or section 132A in case of any other person on or after the 1st day of April, 2021, pertains or pertain to, or any information contained therein, relate to, the assessee and assessments have been made consequently. Rollback years 7 A taxpayer is evaluating to close few years in DTVSV Scheme, 2024 out of 4 rollback years. Whether Advance Pricing Agreement can be pursued for remaining years of the 4 rollback years? As per CBDT Circular 15/2015 dt. 10.6.2015- The applicant does not have the option to choose the years for which it wants to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n section 96(a) for eg. tax arrear in respect of undisclosed foreign income), whether the taxpayer can apply for the Scheme in such a case? As per section 91(2) of the Scheme, after filing of declaration, appeals before ITAT /CIT(A)/ JCIT(A) are deemed to be withdrawn from the date of issue of certificate by the Designated Authority. Further as per section 91(3) of the Scheme, the taxpayer is required to withdraw appeals and furnish proof thereof along with intimation of payment u/s 92(2) of the Scheme. Therefore, the Scheme docs not envisage settling issue in part. The dispute has to be settled in full as per the Scheme. Thus, where there are non-qualifying tax arrears, such disputes are not eligible to be covered under the Scheme. Settling penalty appeal while quantum appeal pending 11 Can a taxpayer settle penalty appeal while continuing to litigate the associated quantum appeal? Reference may be made to section 89(1)(i) of the Scheme, which provides the definition of 'disputed penalty '. It provides that the disputed penalty is such penalty which is not levied or leviable in respect of disputed income or disputed tax. Thus, it would not be possible for the appellant to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not covered. Enhancement notice 16 If JCIT(Appeals)/ CIT(Appeals) has given an enhancement notice, can the appellant avail the DTVSV Scheme, 2024 after including proposed enhanced income in the total assessed income? Yes. Where an appeal is pending before the JCIT(A)/ CIT(A), the disputed tax is the amount that is payable by appellant if such appeal was to be decided against the appellant. This is as per the definition of 'disputed tax' in s. 89(1)(j) of the DTVSV Scheme, 2024 . Hence, where JCIT(A)/ CIT(A) has given enhancement notice, the taxpayer can avail the Scheme after including proposed enhanced income in the total assessed income. Appropriate calculation of disputed tax is accordingly provided in the relevant Schedules of Form - 1. Refund issues 17 Whether taxpayers can settle appeals under DTVSV Scheme, 2024 using the refunds which they are expecting from the department? As per section 92(2) of the Scheme, the declarant shall pay the amount determined under section 92(1) of the Scheme within a period of fifteen days of the date of receipt of the certificate and intimate the details of such payment to the Designated Authority in the prescribed form and thereupon th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e tax was required to be deducted, if the disallowance under section 40(a)(i)/(ia) of the Act is with respect to same issue on which order under section 201 has been issued. However, if the assessee has already claimed deduction of the same amount under section 40(a)(i)/(ia) of the Act in subsequent year on account of recovery of TDS in such subsequent year, he shall not be entitled to consequential relief under s ection 40(a)(i)/(ia) of the Act on the basis of the settlement under DTVSV Scheme, 2024 . In case, in the order under section 143(3) there are other issues as well, and the appellant wants to settle the dispute with respect to order under section 143(3) of the Act as well, then the disallowance under section 40(a)(i)/(ia) of the Act relating to the issue on which he has already settled liability under section 201 of the Act would be ignored for calculating disputed tax. Registration u/s 12AA 23 A trust has been denied registration u/s 12AA of the Act. Whether appeal against such order is eligible For DTVSV Scheme, 2024 ? No Set-aside matters 24 An order has been set aside, fully or partially, to the AO. Can the taxpayer avail the DTVSV Scheme, 2024 if the set-aside matter ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nder the Scheme. Where an assessment order has been stayed, it does not tantamount to an appeal pending as on 22.7,2024. Other issues 31 The assessment order under section 143(3) of the Act was passed in the case of an assessee for an assessment year. The said assessment order is pending with ITAT. Subsequently another order under section 147 / 143(3) was passed for the same assessment year and that is pending with CIT (Appeals)? Could both or one of the orders be settled under DTVSV Scheme, 2024 ? The appellant in this case has an option to settle cither of the two appeals or both appeals for the same assessment year. As per rule 4(1) of the Direct Tax Vivad se Vishwas Rules, 2024 , the declaration shall be filed separately in respect of each order. Therefore, if a taxpayer decides to settle both appeals then he has to file separate declaration for the two orders. 32 There is no provision for 50% concession in appeal pending in HC on an issue where the assesses has got relief on that issue from the Supreme Court? If the appellant has got decision in his favour from Supreme Court on an issue, there is no dispute now with regard to that issue and he need not settle that issue. If th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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