Tax was not deducted on an income and order under section 201 of the Act was passed in case of the deductor. The said income was also assessed in the case of the deductee. Both deductor and deductee are in appeal or arbitration, which is eligible under Vivad se Vishwas. What would be the amount payable by the deductor and the deductee with reference to the said income under Vivad se Vishwas in the following scenarios - (i) Where the deductor settles his appeal or arbitration and makes payment under Vivad se Vishwas? (ii) Where the deductee settles his appeal or arbitration and makes payment under Vivad se Vishwas?
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Vivad se Vishwas settlement assigns tax payment to the settling party while the other retains potential interest or penalty liability. If the deductor settles under Vivad se Vishwas and pays the tax, the deductor obtains waiver of interest and penalty and the deductee is not required to pay the tax but remains liable for interest or penalty which may be settled under the scheme if eligible; the converse applies where the deductee settles and pays the tax.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Vivad se Vishwas settlement assigns tax payment to the settling party while the other retains potential interest or penalty liability.
If the deductor settles under Vivad se Vishwas and pays the tax, the deductor obtains waiver of interest and penalty and the deductee is not required to pay the tax but remains liable for interest or penalty which may be settled under the scheme if eligible; the converse applies where the deductee settles and pays the tax.
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