CCI Online Learning
What do you want to learn today?
     
CIBIL

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Vivad Se Vishwas

This query is : Resolved 

Dear All,

Please advice.

In Form 4 of Vivad se Vishwas there is a requirement of mandatory attachment regarding proof of withdrawal of appeal.

The appeal relates to Income Tax Appellate Tribunal and as per Vivad se Vishwas Act appeal pending before Income Tax Appellate Tribunal are deemed to be withdrawn from the date Certificate in Form 3 is received. Form 3 Certificate received from CIT on 21.05.2020.

Now the System is asking to submit Form 4 but there is no proof of withdrawal of appeal to attach.

Sub section 2 of Sec 4 of Vivad se Vishwas Act, 2020 ---upon filing of declaration any appeal pending before the Income Tax Appellate Tribunal or Commissioner (Appeals), in respect of the disputed income or disputed interest or disputed penalty or disputed fee and tax arrear shall be deemed to have been withdrawn from the date on which certificate under sub-section (1) of section 5 is issued by the designated authority.


Answer Dr. K. Shivaram (Sr. Advocate)

Yes, your understanding is correct. For matters before the ITAT & CIT(A) there is no requirement to submit a proof of withdrawal. It is only after getting certificate from the designated authority , the assessee has to intimate to the CIT(A), if the appeal is pending before CIT (A) . If the appeal is pending before the ITAT the assessee has to intimate to the Registrar of ITAT giving details of ITA No and Bench . The Tribunal will pass the consequential order .


You need to be the querist or approved CAclub expert to take part in this query .


Click here to login now



Similar Resolved Queries :





Trending Tags
newgstreturn
aatmanirbhar bharat
ca exams may 2020
epfo
custom
rbi
mca
income tax
gstr 3b
Excise
exams
epf
tds
accounts
itc
esic
csr
eway bill
Info Technology
ca
llp
cag
dgft
close
GST Live Class

FM by Grant Thornton    |    x