TaxTMI 
TaxTMI 
Direct Tax Vivad se Vishwas Rules, 2020
X X X X Extracts X X X X
X X X X Extracts X X X X
....bitration, conciliation or mediation initiated or given notice thereof, or objections filed or to be filed before the Dispute Resolution Panel under section 144C of the Income-tax Act, or application filed under section 264 of the Income-tax Act; (c) "eligible search cases" means cases in which an assessment has been made under sub-section (3) of section 143 or section 144 or section 153A or section 153C of the Income-tax Act on the basis of search initiated under section 132 or section 132A of the Income-tax Act and the amount of disputed tax does not exceeds five crore rupees; (d) "Form" means the Forms appended to these rules; (e) "issues covered in favour of the declarant" means issues in respect of which - (i) an appeal or writ or special leave petition is filed or appeal or special leave petition is to be filed by the income-tax authority before the appellate forum or (ii) an appeal is filed or to be filed before the Commissioner (Appeals) or objections is filed or to be filed before the Dispute Resolution Panel by the declarant, on which he has already got a decision in his favour from Income Tax Appellate Tribunal (where the deci....
X X X X Extracts X X X X
X X X X Extracts X X X X
..... 7. Order by designated authority.-The order by the designated authority under sub-section (2) of section 5, in respect of payment of amount payable by the declarant as per certificate granted under sub-section (1) of section 5, shall be in Form-5. 8. Laying down of procedure, formats and standards.-The Principal Director General of Income-tax (Systems) or the Director General of Income-tax (Systems), as the case may be, shall lay down procedures, formats and standards for furnishing and verifying the declaration in Form-1 under sub-rule (1) of rule 3, furnishing and verifying the undertaking in Form-2 under sub-rule (2) of rule 3, granting of certificate in Form-3 under rule 4, intimation of payment and proof of withdrawal in Form-4 under rule 5 and issuance of order in Form-5 under rule 7 and the Principal Director General of Income-tax (Systems) or the Director General of Income-tax (Systems) shall also be responsible for evolving and implementing appropriate security, archival and retrieval policies in relation to the said declaration, undertaking, certificate, intimation and order. 9. Manner of computing disputed tax in cases where loss or unabsorbed depreciation is ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....imum Alternate Tax (MAT) credit is reduced.-(1) Where the dispute in relation to an assessment year relates to reduction in Minimum Alternate Tax (MAT) credit to be carried forward, the declarant shall have an option to (i) include the amount by which MAT credit to be carried forward is reduced in disputed tax and carry forward the MAT credit by ignoring such amount of reduction, or (ii) carry forward the reduced MAT credit. (2) Where the declarant exercises the option as per clause (ii) of sub-rule (1), he shall be liable to pay tax, including surcharge and cess, along with interest, if any, as a consequence of carrying forward reduced MAT credit in subsequent years: Provided that in cases other than the eligible search cases, in computing the reduced amount of MAT credit to be carried forward in clause (ii) of sub-rule (1), one-half of the amount by which MAT credit is reduced shall be considered for reduction, if such reduction is related to issues covered in favour of declarant: Provided further that in case of eligible search cases, in computing the reduced amount of MAT credit to be carried forward in clause (ii) of sub-rule (1), one and one-fourth times of the....
X X X X Extracts X X X X
X X X X Extracts X X X X
.............................on behalf of .................................. (name of declarant) having PAN/Aadhaar number/TAN ...............................being duly authorised and competent in this regard, the.................................. (name of declarant) having decided to avail the benefit of the Direct Tax Vivad se Vishwas Act, 2020 do hereby voluntarily waive all its rights, whether direct or indirect, to seek or pursue any remedy or any claim in relation to the tax arrear which may otherwise be available to me under any law for the time being in force, in equity, by statute or under any agreement entered into by India with any country or territory outside India whether for protection of investment or otherwise. The above undertaking is irrevocable. I also confirm that I am aware of all the consequences of this undertaking. Place: ................. ................. Signature/Verification Date: ................. Note: *Strike off whichever is not applicable. The undertaking is to be furnished in respect of tax arrear along with the declaration in Form-1. Form-3 [See rule 4] FORM FOR CERTIFICATE UNDER SUB-SECTION (1)....
X X X X Extracts X X X X
X X X X Extracts X X X X
....________, the detail of payments made is as under: Sl. BSR Code of Bank Date of Deposit (DD/MM/YYYY) Serial Number of Challan Amount (Rs) (1) (2) (3) (4) (5) 2. The appeal, objections, application, writ petition, special leave petition, arbitration, conciliation, mediation or claim has been withdrawn (please upload proof of withdrawal with number and forum thereof). Place: ................. Date: ................. Form-5 [See rule 7] ORDER FOR FULL AND FINAL SETTLEMENT OF TAX ARREAR UNDER SECTION 5 (2) READ WITH SECTION 6 OF THE DIRECT TAX VIVAD SE VISHWAS ACT....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ANKUR GOYAL, Under Secy. ============= Document 1 THE GAZETTE OF INDIA: EXTRAORDINARY 22 [PART II SEC. 3(ii)] (2) Where the declarant exercises the option as per clause (ii) of sub-rule (1), he shall be liable to pay tax, including surcharge and cess, along with interest, if any, as a consequence of carrying forward reduced MAT credit in subsequent years: Provided that in cases other than the eligible search cases, in computing the reduced amount of MAT credit to be carried forward in clause (ii) of sub-rule (1), one-half of the amount by which MAT credit is reduced shall be considered for reduction, if such reduction is related to issues covered in favour of declarant: Provided further that in case of eligible search cases, in computing the reduced amount of MAT credit to be carried forward in clause (ii) of sub-rule (1), one and one-fourth times of the amount by which MAT credit is reduced shall be considered for reduction and where the one and one-fourth times the amount by which MAT credit is reduced exceeds the amount of MAT credit to be carried forward before it's reduction, such excess shall be ignored: Provided also that in cas....
X X X X Extracts X X X X
X X X X Extracts X X X X
....RP case? (9) If yes, whether directions passed by DRP Details of order by which tax arrear determined Assessment Year / Financial Year (1) (2) Section under which order passed (there could be multiple sections for same assessment year) (Drop down to be provided in the e- utility) on or before 31.1.2020? (10) If yes, whether order passed by AO? (If yes, not eligible) (11) Whether revision application case? (12) If yes, date of filing *Pending also include to be filed If declaration is with respect to appeal, writ, SLP, arbitration, conciliation or mediation for disputed tax including disputed TDS/TCS appeal,is there pending appeal, writ or SLP for interest or penalty imposed in relation to such disputed tax - YES/NO If yes, give details of such appeal, writ or SLP.(details to be captured in e-filing utility) à¤à¤¾à¤°à¤¤ का राजपतà¥à¤° : असाधारण 23 [à¤à¤¾à¤— II –खणà¥à¤¡ 3 (ii) ] (3) (4) (5) Income-tax authority Appellate Forum who passed the order (t....
X X X X Extracts X X X X
X X X X Extracts X X X X
....his case for any assessment year by ITAT (and such order has not been subsequently reversed by the High Court) or High Court (and such order has not been subsequently reversed by the Supreme Court) B(i) (ii) relating to issues other than B(i) B(ii) C Disputed tax in relation to disputed income at B(i) C ᎠDisputed tax in relation to disputed income at B(ii) D E Tax effect of enhancement, if any, by CIT(A) E F Total disputed tax (C+D+E) F G Interest charged on disputed tax G H Penalty leviedon disputed tax H I Tax arrears (F+G+H) I X Amount payable under DTVSV on or before 31.03.2020 If non-search case 0.5*C + D + E If search case 0.625*C +1.25*D + 1.25*E Amount payable under DTVSV after 31.03.2020 Y If non-search case 0.55*C + 1.1*D + 1.1*E If search case 0.675*C +1.35*D + 1.35*E X Y 24 THE GAZETTE OF INDIA: EXTRAORDINARY [PART II SEC. 3(ii)] Combination: Disputed tax + DRP draft order + Assessee Schedule II. To be filled in case assessee has filed objections with DRP against draft assessment order and DRP has not issued any directions as on 31.01.20....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... X Y Combination: Disputed tax + ITAT + Assessee Schedule IV. To be filled in case appeal of assessee is pending before ITAT as on 31.01.2020 or the time for filing appeal by the assessee before ITAT has not expired as on 31.01.2020 A Total income as per order against which appeal filed OR to be filed Disputed income out of A A (i) B (ii) relating to issues, which have been decided in favour of assessee in his case for any assessment year by High Court (and such order has not been subsequently reversed by the Supreme Court) relating to issues other than B(i) B(i) B(ii) C Disputed tax in relation to disputed income at B(i) C ᎠDisputed tax in relation to disputed income at B(ii) D E Total disputed tax (C+D) E F Interest charged on disputed tax F [à¤à¤¾à¤— II –खणà¥à¤¡ 3 (ii)] Penalty leviedon disputed tax G H Tax arrears (E+F+G) X à¤à¤¾à¤°à¤¤ का राजपतà¥à¤° : असाधारण Amount payable under DTVSV on or before 31.03.2020 If non-search case 0.5*C + D....
X X X X Extracts X X X X
X X X X Extracts X X X X
....case 0.625*C Y Amount payable under DTVSV after 31.03.2020 If non-search case 0.55*C If search case 0.675*C РABC ᎠE F X Y Combination: Disputed tax + SC + Assessee Schedule VIII. To be filled in case appeal or writ or SLP of assessee is pending before Supreme Court as on 31.01.2020 or the time for filing appeal or SLP by the assessee before Supreme Court has not expired as on 31.01.2020 A B Total income as per order against which appeal / writ / SLP filed OR appeal / SLP to be filed Disputed income out of A C Disputed tax in relation to disputed income at B A B C 26 THE GAZETTE OF INDIA: EXTRAORDINARY [PART II SEC. 3(ii)] D Interest charged on disputed tax D E Penalty levied on disputed tax E F Tax arrears (C+D+E) X If non-search case C Amount payable under DTVSV on or before 31.03.2020 If search case 1.25*C F X Y Amount payable under DTVSV after 31.03.2020 Y If non-search case 1.1*C If search case 1.35*C Combination: Disputed tax + SC + Department Schedule IX. To be filled in case appeal or writ or SLP of Department is pending befor....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ime for filing appeal by the assessee before CIT(A) has not expired as on 31.01.2020 [à¤à¤¾à¤— II-खणà¥à¤¡ 3 (ii)] à¤à¤¾à¤°à¤¤ का राजपतà¥à¤° : असाधारण Appeal reference number Amount of TDS/TCS disputed in appeal OR in appeal to be filed A A(i)+A(ii) (i) A relating to issues, which have been decided in favour of assessee in his case foranyfinancial year by ITAT (and such order has not been subsequently reversed by the High Court) or High Court (and such order has not been subsequently reversed by the Supreme Court) A(i) (ii) B C Interest charged on disputed TDS / TCS D Penalty levied on disputed TDS/TCS E TDS/TC Sarrears (A+B+C+D) X relating to issues other than A(i) A(ii) Tax effect of enhancement, if any, by CIT(A) B C D E Y Amount payable under DTVSV on or before 31.03.2020 If non-search case 0.5*A(i) + A(ii) + B If search case 0.625*A(i) +1.25* A(ii) + 1.25*B Amount payable under DTVSV after 31.03.2020 X If non-search case 0.55* A(i) + 1.1*A(ii) + 1.1*B ....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... payable under DTVSV on or before 31.03.2020 Y If non-search case A If search case 1.25*A Amount payable under DTVSV after 31.03.2020 If non-search case 1.1*A If search case 1.35*A A B C D X Y 27 28 THE GAZETTE OF INDIA: EXTRAORDINARY [PART II SEC. 3(ii)] Combination: Disputed TDS/TCS + HC + Department Schedule V. To be filled in case appeal or writ of Department is pending before High Court as on 31.01.2020 or the time to file appeal by the department in HC has not expired on 31.01.2020. A Amount of TDS/TCS disputed in appeal OR in appeal to be filed TDS/TCS default for which writ or appeal is filed OR appeal to be filed B Interest charged on disputed TDS/TCS C Penalty levied on disputed TDS/TCS ᎠTDS/TCS arrears (A+B+C) X Y Amount payable under DTVSV on or before 31.03.2020 If non-search case 0.5*A If search case 0.625*A Amount payable under DTVSV after 31.03.2020 If non-search case 0.55*A If search case 0.675*A Combination: Disputed TDS/TCS + SC + Deductor/Collector A B C D X Y Schedule VI. To be filled in case appeal or writ or SLP of assessee....
X X X X Extracts X X X X
X X X X Extracts X X X X
....bitration/Conciliation/Mediation + Assessee Schedule IX.To be filled in case arbitration or conciliation or mediation of assessee is pending as on 31.01.2020 Amount of TDS/TCS disputed in appeal OR in appeal to be filed A TDS/TCS default for which arbitration or conciliation or mediation has been filed B Interest charged on disputed TDS/TCS C Penalty levied on disputed TDS/TCS D X Y TDS/TCS arrears (A+B+C) Amount payable under DTVSV on or before 31.03.2020 If non-search case A If search case 1.25*A Amount payable under DTVSV after 31.03.2020 If non-search case 1.1*A If search case 1.35*A A B C D X Y C. Schedule applicable where declaration relates to disputed penalty, interest or fee only (Applicable for PAN & TAN) Combination: Disputed penalty/interest/fee + CIT(A) + Assessee Schedule I. To be filled in case appeal of assessee is pending before CIT(A) as on 31.01.2020 or the time for filing appeal before CIT(A) has not expired as on 31.01.2020 A Total amount of penalty / interest / fees per order against which appeal filed OR to be filed Disputed amountof penalty / interest / fee out of A ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....igh Court as on 31.01.2020 or time for filing appeal by the assessee before High Court has not expired as on 31.01.2020 A Total amount of penalty / interest / feeas per order against which appeal or writ has been filedORappeal to be filed A B Disputed penalty / interest / fee due to appeal by assessee B C Tax arrears (B) C X Amount payable under DTVSV on or before 31.03.2020 = 0.25*B X Y Amount payable under DTVSV after 31.03.2020 = 0.3*B Y 29 30 THE GAZETTE OF INDIA: EXTRAORDINARY [PART II SEC. 3(ii)] Combination: Disputed penalty/interest/fee + HC + Department Schedule V. To be filled in case appeal or writ of Department is pending before High Court as on 31.01.2020 or the time for filing appeal by the department before High Court has not expired as on 31.01.2020 A B Total amount of penalty / interest / feeas per order against which appeal or writ has been filed or appeal to be filed Disputed penalty / interest / fee on issues raised in appeal A B C Tax arrears (B) C X Amount payable under DTVSV on or before 31.03.2020 = 0.125*B X Y Amount payable under DTVSV after 31....