Payment of Tax in case of Vivad Se Vishwash Scheme

[dileep patel]

We have filed Application in respect of our various client under Vivad Se Vishwash Scheme before 24/03/2020. The DO i..e principal CIT has also uploaded Form No.3 on 04/05/2020 and in the said form it is mentioned that

'The declarant is hereby directed to make the payment of sum payable, if any, as per Balance amount payable / refundable after adjusting amount already paid above within Fifteen days from the date of receipt of this certificate.'

In case of non-payment of amount payable within the said period, the declaration under Form-1 shall be treated as void and shall be deemed never to have been made.'

However the payment date under VSVS 2020 has been extended to 31/12/2020. I have quaries in this regards as follows:

1) Whether the Form No.3 uploaded by Department during lockdown and compeling to make payment in 15 days which is also falle in lockdown situation is legaly vailid.

2) Whether in such case applicant has to make payment in 15 days or it will be automatically extended to 31/12/2020 even though there is no amendment in Sec.5 of VSVS 2020.

3) If payment is not made within 15 days, as mentioned in form no.3 is the declaration under Form-1 shall be treated as void and shall be deemed never to have been made. In that case can i re apply the same application online.

Please reply as early as possible

[Surjeet Singh]

You have to make payment within 15 days of receipt of certificate from department as no amendment has been made in sec 5 of DTVSV Act, 2020. So, action by department during lockdown is valid.

In case of non payment within 15 days the declaration under Form-1 shall be treated as void and shall be deemed never to have been made.

For any further tax related queries contact on 9905126744.

AI Summary

Payment deadline under the scheme requires complying with the certificate's payment period; failure voids the declaration. The department's Form No.3 directs payment within fifteen days of receipt of the certificate and warns that failure will render the Form 1 declaration void. Because Section 5 of the scheme was not amended, the department's certificate timeline is valid; taxpayers must pay within the certificate period and non payment will cause the original Form 1 declaration to be treated as void and deemed never made.