CBDT Issues New Order Under Direct Tax Vivad se Vishwas Act for Tax Dispute Resolution



Quick Summary
The Central Board of Direct Taxes (CBDT) has released a new order under the Direct Tax Vivad se Vishwas Act, 2020. This directive provides further guidance on resolving tax disputes, specifically addressing situations where taxpayers faced delays in making payments as per Form-3 of the DTVsV Rules. The order allows for the acceptance of delayed tax payments under certain conditions, provided full payment was made by February 28, 2022, and associated appeals were either withdrawn or not yet decided at the time of payment. This process is to be completed by September 30, 2024.

The Central Board of Direct Taxes (CBDT) has issued a new order under the Direct Tax Vivad se Vishwas Act, 2020 (DTVsV Act). This order, released on June 27, 2024, aims to provide further clarity and guidance on dispute resolution mechanisms for taxpayers.

CBDT Order: New Rules for Tax Dispute Resolution

Official copy of the order is as follows

F.No.173/03/2021-IT-A-I(Pt.2)
Government of India
Ministry of Finance
Department of Revenue
Central Board of Direct Taxes
(ITA-I Division)

North Block, New Delhi
Dated 27th June, 2024
ORDER

Subject: Order under section 10 of the Direct Tax Vivad se Vishwas Act, 2020 ('DTVsV Act'). 

Representations/applications have been received by CBDT/field authorities for accepting the delay in payment of taxes specified in Form-3 of the Direct Tax Vivad se Vishwas Rules, 2020 ('DTVsV Rules') within due date specified in Direct Tax Vivad se Vishwas Act, 2020 ('DTVsV Act').

2. The matter has been examined by the Board. With a view to address the difficulties faced by the taxpayers and for the purpose of collection of revenue, CBDT in exercise of the powers conferred under Section 10(2) of the DTVSV Act, hereby directs that the delayed payment of requisite taxes in the cases fulfilling the following conditions may be accepted under DTVsV Act:

(a) The assessee has made full payment of taxes (including amount payable after due date as prescribed in Form-3 of the DTVsV Rules) on or before February 28, 2022 under the DTVsV Act, and

(b) The appeal(s) mentioned in Form-1 of the DTVsV Rules has either been withdrawn or has not been decided as on date of full payment of taxes (including amount payable after due date as prescribed in Form-3 of the DTVsV Rules).

3. The concerned PCIT shall issue modified Form-3 manually, if needed and allow the assessee to file Form-4 manually and thereafter issue Form-5 manually after examining the conditions as per the DTVSV Act. The entire process should be completed by September 30, 2024.

4. This issues with the approval of competent authority

FAQ :

The new CBDT order aims to provide further clarity and guidance on dispute resolution mechanisms for taxpayers under the Direct Tax Vivad se Vishwas Act, 2020, particularly concerning delayed tax payments.

The new order was issued under the Direct Tax Vivad se Vishwas Act, 2020 (DTVsV Act).

Taxpayers must have made full payment of taxes (including any amount payable after the due date) on or before February 28, 2022, and their appeals must have been withdrawn or not decided as of the date of full payment.

The entire process, including the issuance of modified forms and finalisation, should be completed by September 30, 2024.

The concerned Principal Commissioner of Income Tax (PCIT) will issue modified Form-3 manually if needed, allow the assessee to file Form-4 manually, and then issue Form-5 manually.




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