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CBDT Extended Date for furnishing Declaration under Vivad se Vishwas Scheme to January 31, 2021

cbdt-extended-date-for-furnishing-declaration-under-vivad-se-vishwas-scheme-to-january-31-2021

CBDT vide Notification No. 92/2020 in S.O. 4804(E) issued on 31.12.2020 has extended the date for making payment without additional amount under the Vivad se Vishwas Scheme from 31st December 2020 to 31st January 2021.  However, there is no change in the extended payment of disputed tax by 31.03.2021 under the Scheme which was already notified vide Notification No. 85/2020 dated 27.10.2020.


Hence, the Notification requires the declarations are required to be filed latest by 31st January 2021 instead of the earlier notified date of 31.12.2020.


Earlier the date for filing the declaration and making payment without additional amount under Vivad se Vishwas was extended from 31st March 2020 to 30th June 2020 by the Taxation and other Laws (Relaxation of Certain Provisions) Ordinance, 2020.


Later again, this date was extended further to 31st December 2020 by the Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020 by amending the Direct Tax Vivad se Vishwas Act, 2020 to extend the date for payment without 10% additional amount to 31-12-2020 in line with the relaxation provided in the Ordinance of 2020. It also empowers the Central Government to notify certain dates relating to filing of declaration and making of the payment. Earlier both the declaration and the payment without additional amount under the Vivad se Vishwas were required to be made by 31st December 2020.



The Central Government has notified the Direct Tax Vivad se Vishwas Rules, 2020 and corresponding Forms as required under the Direct Tax Vivad se Vishwas Act, 2020 vide Notification No. 18/2020 dated 18.03.2020.


The following 5 types of Forms have been notified under the Rules. 


Form No.

Purpose of Forms

Form-1

Form for filing declaration

Form-2

Undertaking u/s 4(5) of the Direct Tax Vivad Se Vishwas Act, 2020

Form-3

Form of Certificate u/s 5(1) of the Direct Tax Vivad Se Vishwas Act, 2020

Form-4

Intimation of payment u/s 5(2) of the Direct Tax Vivad Se Vishwas Act, 2020

Form-5

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, 2020


It is pertinent to mention here that the Direct Tax Vivad se Vishwas Act, 2020 was enacted on 17th March, 2020 with the objective to reduce pending income tax litigation, generate timely revenue for the Government and to benefit taxpayers by providing them peace of mind, certainty and savings on account of time and resources that would otherwise be spent on the long-drawn and vexatious litigation process. In order to provide more time to taxpayers to settle disputes, earlier the date for filing declaration and making payment without additional amount under Vivad se Vishwas was extended from 31st March 2020 to 30th June, 2020. Later again, this date was extended further to 31st December, 2020. Therefore, earlier both the declaration and the payment without additional amount under the Vivad se Vishwas were required to be made by 31st December, 2020.


After the issue of Notification 92/2020 read with Notification No. 85/2020 dated 27.10.2020, the following are the amended dates under the Vivad se Vishwas Scheme-


Dates

Amendments

31st January 2021

The declaration shall be filed to the designated authority

31st March 2021

The payment date of the amount of the disputed tax

(third column of the Table to section 3 of the DTVSV Act amended)

1st April 2021

The payment date of the amount of the disputed tax with 10% additional amount

(fourth column of the Table to section 3 of the DTVSV Act amended)


Extension of Compliance Dates: CBDT vide Notification No. 93/2020 dated 31.12.2020 has extended the compliance dates for the period commencing from 20th March, 2020 and ending on 30th January 2021 to 31st January 2021. However, this extension is given only for compliances mentioned in Clause (a) of Section 3(1) of the Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020. Clause (a) of Section 3(1) of the Taxation Amendment Act refers to compliances that are meant for tax authorities, commission and tribunals and not for the assessees.


Read the full text of the Notification No. 92/2020 dated 31.12.2020


MINISTRY OF FINANCE 

(Department of Revenue) 


(CENTRAL BOARD OF DIRECT TAXES)


NOTIFICATION 


New Delhi, the 31st December, 2020


S.O. 4804(E).—In exercise of the powers conferred by section 3 of the Direct Tax Vivad se Vishwas Act, 2020 (3 of 2020), the Central Government hereby makes the following amendment in the notification of the Government of India, Ministry of Finance, (Department of Revenue), Central Board of Direct Taxes, number 85/2020, dated the 27th October, 2020, published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (ii), vide number S.O. 3847(E), dated 27th October, 2020, namely:-


In the said notification, in clause (a), for the words, figures and letters “the 31st day of December, 2020”, the words, figures and letters “the 31st day of January, 2021” shall be substituted.


2. This notification shall come into force from the date of its publication in the Official Gazette.


[Notification No. 92/2020/F. No. 370142/35/2020-TPL]

VIPUL AGARWAL, Director (Tax Policy and Legislation Division)


Download Copy of Notification No. 92/2020 dated 31.12.2020 on the extension of due date for filing declaration under Vivad se Vishwas Scheme in pdf format


Suggested Readings on VsV Scheme

Online efiling of Vivad Se Vishwas Forms Enabled With Instructions

CBDT issues Notification on Procedure for Filing Online Form 1 and Form 2 under Vivad Se Vishwas Scheme 2020



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