Direct Tax Vivad se Vishwas Scheme, 2024 - A Step Guide



Quick Summary
The Vivad se Vishwas Scheme 2024 offers a way to resolve tax disputes where appeals are pending as of July 22, 2024. The process involves filing a declaration (Form 1) by December 31, 2024, followed by the issuance of a settlement certificate (Form 2) within 15 days. Finally, taxpayers must pay the determined amount and confirm payment and appeal withdrawal (Form 3) within 15 days of receiving the certificate to finalise the settlement.

Vivad Se Vishwas Scheme 2024

For cases where an appeal is pending before an appellant forum as of July 22, 2024.

Vivad se Vishwas Scheme 2024: Your Guide

Form 1: Declaration - To be filed on or before 31.12.2024

Taxpayers must file a Declaration in Form 1. This declaration form requires detailed information about the disputed tax or penalty, including the assessment year, assessment order details, and the specific issue in dispute. The form serves as the initial step in the settlement process.

N.B.: Immediately after filing the Declaration in Form 1, inform the Appellate Authority (NFAC) that the assessee has opted for the DTVSV Scheme, 2024 and has initiated by filing Declaration in Form 1 and that the Appellate Authority should not proceed on the appeal filed.

 

Form 2: Certificate - Should be issued within 15 days from filing of Form 1

Upon submission of Form 1, the designated authority will review the declaration and calculate the payable amount based on the scheme's provisions. They will then issue a certificate (Form 2) indicating the amount payable. This certificate outlines the final settlement amount and provides details for the next steps.

Form 3: Confirmation of Payment and withdrawal of appeal - Shall be done within 15 days of receipt of Form 2.

The taxpayer is required to pay the determined amount as per Form 2 and withdraw the appeal. Thereafter, file Form 3 along with proof of withdrawal of appeal to confirm the payment and withdrawal of appeal. The successful submission of Form 3 concludes the dispute resolution process under the scheme. This final step marks the formal closure of the tax dispute.

 

Form 4: Order by Designated Authority

The order by the designated authority for full and final settlement of tax arrears by Designated Authority.

After receiving Form 4 from PCIT, the assessee has to apply before the jurisdictional AO to give effect to the above order and vacate the demand from the portal also. 

FAQ :

The scheme is for taxpayers who have an appeal pending before an appellant forum as of July 22, 2024.

The declaration in Form 1 must be filed on or before December 31, 2024.

Form 1 requires detailed information about the disputed tax or penalty, including the assessment year, assessment order details, and the specific issue in dispute.

The certificate (Form 2) should be issued within 15 days from the filing of Form 1.

The final step is to file Form 3, confirming payment and withdrawal of the appeal, within 15 days of receiving Form 2.

After receiving the order from the designated authority, the assessee needs to apply to the jurisdictional AO to implement the order and remove the demand from the portal.




About the Author

Income Tax Practitioner at B.Chhawchharia &Co.

I am an Income Tax Practitioner working for B.Chhawchharia and Co. I have been in this profession for more than 15 years. I have expertise in filing ITRs, TDS and Sft returns and other various Forms. I am well equipped with faceless mechanism. I am a regular visitor in Income Tax Department. I attended scrutiny matter ... Read more

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