AMT PAYABLE UNDER VIVAAD SE VISHWASH SCHEME 2024

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This discussion clarifies the amount payable under the Vivaad se Vishwash Scheme 2024 for Assessment Year 13-14, where a dispute regarding an additional tax of ₹10 lakhs and a penalty is pending. The scheme can be opted for the appeal against the assessment order, but not for the penalty as a separate appeal was not filed. For the 'Old Appellant' category, the tax payable before 31st December is 110% of the disputed tax. Once the scheme is opted for the assessment appeal, the resulting order can be used to have the penalty demand removed as well.

CA Abhishek Singh

CA Abhishek Singh (Querist)

14 December 2024 Dear All,
Mr. A's matter for AY 13-14 is pending with CIT(A) since 26.04.2016. additional made was 10 lacs and tax determined payable 3.09 lacs. Assessment order was passed u/s 143(3) on 29.03.2016 determining tax payable 3.09 lacs and also penalty for concealment order was passed on 29.09.2016 determining penalty payable 3.09 lacs. Assessee filed appeal before CIT(A) on 26.04.2016 against order passed u/s. 143(3). However no seperate appeal was filed for penalty.

My query
What is the amount payable if assessee wishes to go for VSVS 2024 and files application before 31.12 ?

Nabin Agarwal

Nabin Agarwal (Expert)

18 December 2024 U can opt for VSV only for matter of 143(3) in which appeal has filed and not yet dipsosed. As no appeal filed in Penalty matter till now, so their is no dispute , hence VSV cannot be opted. Disputed Addition is 10 lakhs. Tax arrear is 3.09 lacs, including interest also. Pls check whats the gross tax on the addition amount. Out of it if you have paid anything or CPC has adjusted any refund with this demand, then u can set off the same and balance tax only need to be payable. It seems u are falling in Old Appellant category. So tax payable before 31st dec will be 110%.

CA Abhishek Singh

CA Abhishek Singh (Querist)

20 December 2024 But penalty is related to addition for which appeal has been filed. Penalty is dependent on outcome of appeal.

Nabin Agarwal

Nabin Agarwal (Expert)

27 January 2025 yes, but as a separate penalty order has been passed, so you should have also filed a separate appeal for penalty also. So now as you have missed the penalty appeal, you pls move ahaed with VSV for appeal filed against 143(3) order. Once the Form 4 will be issued to you, then you have to file a letter for giving its effect to the JAO. He will remove the demand and penalty also.

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