The Vivad Se Vishwas scheme was notified on October 1, 2024. Following this, the rules and forms were announced on September 20, 2024.
Following the entry into force of the scheme, a number of inquiries were received from stakeholders seeking advice in relation to the provisions.
To address the queries of stakeholders, the Income Tax Department has released a set of questions and their answers.
Vivad Se Vishwas Scheme 2024 Frequently Asked Questions
Before filing a return under the DTVSV (Direct Tax Vivad se Vishwas Scheme), 2024, can the taxpayer file a return under the scheme if his appeal has been dismissed on merits or has been rejected as withdrawn under the arrangement?
Yes, such cases are eligible for settlement under the Scheme as the appeal was pending on 22.7.2024. The disputed tax will be calculated in the same manner as if the appeal pending on 22.7.2024 is yet to be disposed of.
If a taxpayer has filed a return in Form-I. After the complaint was filed, the appeal was rejected by the concerned authority. Is this case eligible for settlement?
Yes, this case is also eligible for settlement.
The deadline for filing an appeal expired before July 22, 2024, but an appeal was filed after this date together with a request for forgiveness of delays. Can the taxpayer opt for the Scheme in such a case?
No. The appeal must be heard by July 22, 2024 before a taxpayer can opt into the scheme. Such cases are therefore not eligible.
Assume that an appeal was filed before July 22, 2024 with a request for forgiveness of delay that was also filed before July 22, 2024. This appeal has been upheld by allowing condonation of delay prior to the date of filing of return under the Scheme. Can such a taxpayer opt for the scheme?
Yes. In such cases, the taxpayer can opt for settlement under the Scheme.
Is the appeal filed against direction u/s 143(1) of the Act and pending on July 22, 2024 eligible under the DTVSV Scheme, 2024?
Yes. Any appeal filed against direction u/s 143(I) of the Act and pending as on July 22, 2024 will be eligible for settlement under the Scheme.
When review petitions are pending in the Supreme Court or High Court, are these cases eligible for settlement under the DTVSV Scheme, 2024?
No. The pendency of a review petition does not amount to the pendency of the Supreme Court or the filing of an appeal. it would therefore not amount to filing an appeal.
Are appeals against fines such as fine uls 271 B, 271BA, 2710A of the Act etc. also waived while disposing of appeals relating to disputed tax?
No, such an injunction must be appealed which does not relate to the quantum handling separately.
For more details, taxpayers can refer to the Income Tax Department document here.
