Income Tax Department
Income Tax Department


Put an end to your ongoing tax disputes and opt for Vivad se Vishwas Scheme, 2024 NOW.

File your declaration by 31st of December, 2024 and pay lower amount for dispute resolution.

Resolving Disputes Made Simpler!

File your declaration on or before 31.12.2024 to pay a lower amount for dispute resolution.

Settlement amounts increase if the declaration is filed on or after 01.01.2025.

Appeal/writ filed on or before 22.07.2024 and such appeal/writ is pending as on 22.07.2024.

The Direct Tax Print Se Vishwas Scheme, 2024 (hereinafter referred as ‘DTV SV Scheme, 2024’ or ‘Scheme’) has been enacted vide Chapter IV of Finance (No.2) Act, 2024 to provide for dispute resolution in respect of pending income tax litigation. Thc objective of the Scheme is to, inter alia, reduce pending income tax litigation, generate timely revenue for the Government and 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.

  • The commenceiiient date of the said Scheme has already been notified as 1.10.2024. Further, Rules and Forms for enabl ing the Scheme have also been notified on 20.09.2024. After enactment of the DTV SV Scheme, 2024, several queries were received from the stake-holders seeking guidance in respect of various provisions contained therein.
  • Accordingly, under Section 97 of the DTVSV Scheme, 2024 which empowers the Board to issue directions or instructions in public interest, Guidance Note 1/2024 in the form of answers to the frequently asked questions (FAQs) was issued vide circular no. 12 of 2024 dated 15.10.2024. However, several other queries have been received from thc stake-holders for the clarificat ion. Thus, Guidance Note 2/2024 in the form of answers to the frequently asked questions (FAQs) is hereby issued to provide further clarification. This will be helpful for the tax-payers for creating bener awareness and understanding with respect to the provisions of the Scheme.
  • In the present Guidance Note 2/2024, FAQ No. 8 of the Guidance Note 1/2024 has been modified and incorporated as FAQ No. 36. Thus, FAQ No. 8 of the Guidance Note 1/2024 shal I be considered as omitted.
S. No.*ssue Comments
 
EIi« 36.hility of cases Suppose a taxpayer is eligible to apply for DTV SV Scheme, 2024 as his appeal is pending as on 22.7.2024. But subsequently, before the taxpayer could fi le declaration under the DTV SV Scheme, 2024, his appeal has been disposed off on merits or disna issed as withdrawn for the purposes of the Scheme. Can such a taxpayer still file declaration under the Scheme? Yes, such cases are eligible for settlement under the Scheme as appeal was pending as on 22.7.2024. Disputed tax wit I be calculated in the same manner as if the appeal pending on 22.7.2024 is yet to be disposed off.
 
37.Suppose a taxpayer has fi led a declaration in Form-1. After the declaration, the appeal has been disposed off by the concerned authority. Whether such a case is eligible for settlement?Yes, such a case is eligible for settlement.
38.Time lim it for filing of appeal has expired before 22″d Jtily 2024 but an appeal alongwith application for condonation of delay has been fi led  after  22’d  Jtily,  2024. Whether the taxpayer can opt for the Scheme in such a case?No. Appeal has to be pending as on 22″‘ of I uly, 2024 for a taxpayer to opt for the Scheme. Thus, where an appeal alongwith application for condonation is fi led after 22’d July, 2024, it does not tantamount to pendency of appeal as on 22″‘ July, 2024. Accordingly, such cases shall not be eligible.
39.Suppose an appeal has been fi led before 22″ I Lily, 2024 with an application lor condonation of delay which is also filed before 22’d July, 2024. This appeal has been admitted by allowing condonation of delay prior to the date of filing of declaration under the Scheme. Whether such a taxpayer can opt for the Scheme?Yes. In such cases where the appeal as well as condonation application have been fi led on or before 22″ July, 2024. On admission of condonation application, such cases convert into an appeal pending on 22n of July, 2024. Therefore, the taxpayer can opt for settlement under the Scheme in such cases.
40.In the case of a search action carried out before 1.4.2021, assessments of previous years other than sear ch year, have been made under section 153A or l53C of the Income-tax Act, 196 I (‘the Act’), and assessment for the year of search has been made under section 143(3) of the Act. Whether any of these assessment order can be covered under the DTVSV Scheme, 2024?No. Such cases are specifically barred under section 96(a)(i) of the of the DTV SV Scheme, 2024.
  Whether  appeal  fi led  against intimation u/s 143(1) of the Act and pending as on 22’d July, 2024 is eligible for DTV SV Scheme, 2024?Yes. Any appeal filed against intimation u/s 143(1) of the Act and pending as on 22’d July, 2024 is eligible for settlement under the Scheme.
42.Section 248 of the IT Act relates to appeal by a person denying liability to deduct tax in certain cases. As per the provisions of this sect ion, no appeal can be fi led where tax is paid to the credit of the Central government on or after I .4.2022. Whether appeal filed prior to 1.4.2022 under section 248 of the Act is eligible for DTVSV Scheme, 2024?Yes.
43.Where     information     has                 beenYes. Section 96 of the DTV SV Scheme, 2024 clearly
 received     under    an                    agreementstates that the Scheme shall not apply where tax arrears
 referred    to    in    section     90  orrelate to assessment or reassessment made on the basis of
 section 90A of the Act; however,information received under section 90 or section 90A of
 such information has not beenthe Act. Accordingly, where information received u/s
 ‘used’ for making additions insection 90 or section 90A has not been used for making
 assessment/  reassessment  order.additions in assessment/ re-assessment order, assesses can
 In     such     cases,      whether         theopt for the Scheme for such orders.
 assessee  can opt   tor DTV SV 
 Scheme, 2024? 
44.Where  review  petitions  are pending before High Courts or Supreme Courts, whether those cases be eligible for settlement under DTVSV Scheme, 2024?No. Pendency of review petition does not tantamount to pendency of an appeal. Therefore, even if a review petition is pending as on 22″ July, 2024, lt will not amount to pendency of an appeal.
45.Whether DTVS V Scheme, 2024 can be availcd in a case where procecdings are pending before Income                         Tax                         Settlement Commission (ITSC) or where writ has been filed against the order of ITSC?No
46.Whether cases where the taxpayer or the Department has filed declaration/application                                                      under section l58A/l 58AA/158AB are eligible under DTV SV Scheme, 2024?Yes. In such cases, where declaratlon/application has been filed u/s l58A/158AA/158AB of the Act on or before 22‘d July, 2024, the taxpayer can opt for settlement under the Scheme provided that if there is any appeal relating to the relevant year, it is also settled.
Set-aside appeal:   
47.Appeal has been set aside to ITAT/CIT(A)/DRP and was pending on 22.07.2024. Whether, in such cases the assessee can opt for the Scheme?Refer FAQ No. 24 ot’ Guidance Note 1/2024. It was mentioned therein that- “Accor‹ling to the Scheiiie, an oppeal which is f›ending os on 22. 7. 2024 shall be eligible for settlement. A set-a›’iHe matter to the A0 i.s not an appeal pending as such. Therefore, set-aside staffers to ihe AO, whether fiilly set- aside or- partially set-aside aFe nof coverecl under the Scheme. ”
  However, where an appeal has been set-aside fully to lTAT/CIT(A)/DRP, such appeals will be eligible for settlement.
 Also, where an appeal has been partially set-aside to ITAT/CIT(A)/DRP, all the issues which have been set- aside will form a separate appeal and shall be eligible for settlement as such and disputed tax wlll be computed as if pending at the level to which it is set-aside.
      
48.Where            the                        prosecution proceedlngs have not yet been filed         bcfore       a            court     of  law, Yes. Reference may be made to section 96 of the DTV SV Scheme, 2024. As per the provisions of section 96(a)(ii) of the said Scheme, the Scheme shall not apply in respect
 whether the assessee is eligible for the Scheme?of tax arrears relating to an assessment year in respect of which prosecution has been instituted on or before the date of fi ling of declaration. Accordingly, where the prosecution proceedings have not yet been fi led before a court of law, the taxpayer can opt for the Scheme.
49.lf  the  prosecution  is  for  a different assessment year and the appeal for a different one, would it debar the assessee from the benefit of this scheme?No. Section 96(a)(ii) prohibits such cases relating to an assessment year in respect of which prosecution has been instituted on or before the date of filing of declaration. Thus, prosecution in one assessment year does not debar the assessee from filing declaration for any other assessment year, if it is otherwise eligible.
Conmutation of Amount navable 
50.The  DTYS V  Scheme,  2024 provides for the different rates where declaration is fi led on or before 31.12.2024 and where it is fi led on or after 1.1.2025. Please clarify whether payment of disputed amount is also required to be made before 31.12.2024 for applicability of the lower rate?Reference may be made to the provisions of the Scheme read with DTVSV Rules, 2024. As per Rule 3 of the DTVSV Rules, 2024, the amount payable is linked to the date of filing of declaration. Accordingly, where declaration is filed on or before 31 .12.2024, the amount payable by the declarant shall be as mentioned in column (3) of the Table specified in section 90 of the Finance (No.2) Act, 2024. However, where a declaration is filed on or after 1.1.2025, the amount payable by the declarant shall be as mentioned in column (4) of the said Table.
  The payment of disputed amount is required to be wade as per section 92(2) of the DTVSV Scheme i.e. within 15 days of the date of receipt of certificate in Form No. 2.
51.Whether any additional ground filed in relation to an appeal is to be considered while computing disputed tax?If any additional ground has been filed on or before 22′d July, 2024, it shall be considered for the purpose of computing disputed tax.
Disliuted Penaltr  
52.Suppose penalty has been levied after the taxpayer has filed a declaration for the settlement of the associated quantum appeal. In such a case, whether on settlement of tax arrears of the quantum  appeal,  penalty  in relation to such tax arrears would be waived off?Reference may be made to the definition of tax arrears in section 89(1)(o) of the Scheme. lnterest chargeable or charged and penalty leviable or levied are included in tax arrears. However, the settlement for quantum appeal is made as a percentage of disputed tax, where disputed tax means income-tax including surcharge and cess. Thus, penalty leviable or levied are not included in disputed tax for settlement of quantum appeal.
  Accordingly, on settlement of quantum appeal, the Designated Authority will grant immunity from penalty leviable or levied in respect of tax arrears settled under the Scheme.
53.Suppose in a case, the additions made iii assessment have reached finality. There is no quantum appeal pending as on 22″‘ July. 2024. However, penalty appeal is pending as on 22“d July, 2024Penalties which are unrelated to quantum additions are clearly eligible ror settlement where an appeal in respect of such penalty is pending as on 22″ July, 2024. These penalties are unrelated to quantum additions and therefore can be settled independently of quantum appeals.
 which relates to the additions made in the said assessment order. Can a penalty appeal be settled independent of quantum appeal? Further, where the additions made in an assessment have reached finality and thus there is no quantum appeal pending as on 22″ July. 2024, there is no disputed income or disputed tax as on the specified date i.e. 22’d July, 2024. Therefore, such penalty can be settled separately under the Scheme as per S1. No. (c) & (d) of the Table in section 90 of the Scheme.
54.Whether appeal against penalties that are not related to quantum assessment like penalty u/s 271B, 271BA, 271DA of the Act etc. are also waived upon settlement of appeal relating to disputed tax? No, appeal against such penalty ordcr is required to be settled separately.
     
55.In case of APA/MAP, can the Scheme be opted for settling disputes pertaining to non- APA/MAP adjustments? The Scheme envisages settling dispute in frill. The Scheme does not envisage settling issues in part. Therefore, whatever issues are there in a pending appeal are to be settled in full whether they pertain to APA/MAP adjustments or otherwise.
Taxes paidbefore filinzDeclaration  
56.Whether credit for carlier taxes paid against disputed tax will be available against the payment to be made nuder DTVSV Scheme, 2024? Yes. Credit for taxes paid against the disputed tax before filing declaration shall be available to the declarant.
57.In such cases where Appeal is pending as on 22’d July, 2024 but disputed tax demands have been already fully paid before filing of declaration. Are such cases eligible to avail DTVSY Scheme, 2024? Yes. Reference may be made to section 94 of the DTV SV Scheme, 2024. The situation mentioned is clearly covered in section 94(2) of the Scheme. Accordingly, such cases shall be eligible for the Scheme.
TDSrelated o ueries  
58,In such cases where deductee has settled his appeal, whether TDS deductor would be relieved from its liability u/s 201(1) of the Act. Further, whether TDS deductor would be allowed to claim expense deduction u/s 40(a) of the Act? Where a deductee has settled his tax liabi lity, the deductor is relieved from his liability other than interest payable. However, consequential relief for expense deduction u/s 40(a) of the Act shall be available to such deductor.
59.Whether appeals filed before the Appellate Authority against intimation passed u/s 200A of the Act (regarding intimation on processing of TDS returns) can be settled under DTVSV Scheme, 2024? Yes, if appeal in respect of intimation u/s 200A is pending as on 22″ July, 2024.
Miscellaneous
60.Whether   Designated                Authority can amend his order to rectify any patent errors? Yes, the Designated Authority shall be able to amend his order under section 92 to recti/ any apparcnt errors.
61.Where  appeal  is  pending  in respect of primary assessee which is a foreign entity not having adequate business presence in India. Whcther such foreign entity can file declaration and settle its dispute through its representative  assessee  having   presence in India?                                                Yes. With proper authorisation, a representative assessee can opt for settlement under the Scheme. Even in the case of deceased tax-payer. the legal representative may also opt for settlement under the Scheme.
62.lf the taxpayer avails DTV SV Scheme. 2024 for Transfer Pricing adjustment, will provisions of section 92CE of the Act apply separately? Yes, secondary adjustment under section 92CE will be applicable. However, it may be noted that the provision of secondary adjustment as contained in section 92CE of the Act is not applicable for primary adjustment made in respect of an assessment year commencing on or before the 1″ day of April 2016. That means, if there is any primary adjustment for assessment year 20 l 6-17 or earlier assessment year, it is not subjected to secondary adjustment under section 92CE ot’ the Act.