Vivad se Vishwas Scheme, 2020 was announced by the Finance Minister after the budget announcement this year to provide dispute resolution regarding all the pending income tax litigation. Later on 5th Feb, 2020, the Direct Tax Vivad se Vishwas Bill, 2020 was also presented in the Lok Sabha.
After that, the authority also released a list having all some queries of stakeholders who are looking for some sort of clarifications on various provisions of the Vivad se Vishwas Bill Know about the tax dispute settlement scheme (Vivad se Vishwas Bill) under the IT act. Under this scheme, taxpayers can settle all disputes before the end of 30th June 2020. Read more.
The Government had reviewed all the received queries and had decided to clarify most of them in the form of Answer to FAQs or frequently asked questions (FAQs). Then Government released circular no 7/ 2020 dated March 4th, 2020 has all the FAQs with the clarifications.
Now Government released one more circular which can be considered as present circular, and with it, the board informed that the old circular which was published on 4th March is withdrawn.
The latest circular stats that “After the introduction of Vivad se Vishwas in Lok Sabha, several queries have been received from the stakeholders seeking clarifications in respect of various provisions contained in the Scheme. After considering various queries received from stakeholders, CBDT has clarified the same in the form of answers to frequently asked questions (FAQs) vide Circular No.7/2020 dated 04.03.2020. The FAQs contain clarifications on scope/eligibility, calculation of disputed tax The Central Board of Direct Taxes (CBDT) clarified the calculation procedures of interest in the case of Disputed Tax. According to the amendment in the Direct. Read more, procedure related to payment of disputed tax, and consequential benefits to the declarant,”
It further clarifies that currently, the scheme is not available for solving pending disputes before AAR. But if the order passed by AAR has properly estimated the total income of an assessment year and writ against this type of order is pending in High Court then the appellant will be eligible to apply for the Vivad se Vishwas Scheme.
Additionally, If an appellant filed an appeal under sections 234E or 234F of the act, against the imposition of fees, then he/she is also allowed to file a claim for a disputed fee. Meanwhile, in these cases, the amount payable under Vivad se Vishwas will be 25 Per cent or 30 per cent of the disputed fee.
If the fee is imposed as per the section 234E or 234F is concerned to a year in which there is disputed tax then it is must to know that that the settlement of disputed tax will not settle the disputed fee. If the concerned person wants to settle the disputed fee then he will need to settle it separately, it can be done by paying 25 per cent or 30 per cent of the disputed fee.
These all clarifications on Direct Tax Vivad se Vishwas Scheme, 2020 has been introduced by the Central Board Direct Tax (CBDT) in the latest released circular, with it the authority updated the Frequently Asked Questions (FAQs) which was released in the previous circular.
PL ADVISE WHETHER THE ASSESSEE AVAILED THE BENEFIT OF VIVAD SE VISHWAS SCHEME IF CIT (A) PASSED THE ORDER AFTER 31.01.2020?