The Central Board of Direct Taxes (CBDT) has notified the Direct Tax Vivad Se Vishwas Scheme, 2024 which will be effective from 1 October, 2024.
Amount payable by declarant Under Direct Tax Vivad Se Vishwas Scheme, 2024
Where the tax arrear is the aggregate amount of disputed tax, interest chargeable or charged on disputed tax and penalty leviable or levied on such disputed tax in a case where the declarant is an appellant after the 31st day of January, 2020 but on or before the specified date. Amount of disputed tax payable under Scheme on or before the 31 December, 2024. The aggregate of the amount of disputed tax and ten per cent. Of disputed tax shall be payable if paid on or after the 1st day of January, 2025 but on or before the last date.
Where the tax arrear is the aggregate amount of disputed tax, interest chargeable or charged on disputed tax and penalty leviable or levied on such disputed tax in a case where the declarant is an appellant on or before the 31 January, 2020 at the same appellate forum in respect of the such tax arrear. The aggregate of the amount of disputed tax and ten per cent. of disputed tax, if paid on or before 31 December, 2024. The aggregate of the amount of disputed tax and twenty per cent. of disputed tax, if paid on or after the 1st day of January, 2025 but on or before the last date.
Where the tax arrear relates to disputed interest or disputed penalty or disputed fee where the declarant is an appellant after the 31st day of January, 2020 but on or before the specified date. Twenty-five per cent. of disputed interest or disputed penalty or disputed fee shall be payable if paid on or before 31 December, 2024. Thirty per cent. Of disputed interest or disputed penalty or disputed fee, if paid on or after the 1st day of January, 2025 but on or before the last date.
Where the tax arrear relates to disputed interest or disputed penalty or disputed fee where the declarant is an appellant on or before the 31st day of January, 2020 at the same appellate forum in respect of the such tax arrear. Thirty per cent. Of disputed interest or disputed penalty or disputed fee, if paid on or before 31 December, 2024. Thirty-five per cent. Of disputed interest or disputed penalty or disputed fee, if paid on or after the 1st day of January, 2025 but on or before the last date.
Documents Required For Filing Declaration Under Direct Tax Vivad Se Vishwas Scheme, 2024
The declaration shall be filed by the declarant before the designated authority.
Upon filing the declaration, any appeal pending before the Income Tax Appellate Tribunal or Commissioner (Appeals) or Joint Commissioner (Appeals), in respect of the disputed income or disputed interest or disputed penalty or disputed fee and tax arrear, shall be deemed to have been withdrawn from the date on which certificate under sub-section (1) of section 92 is issued by the designated authority.
Where the declarant has filed any appeal before the appellate forum or any writ petition before the High Court or the Supreme Court against any order in respect of tax arrear, he shall withdraw such appeal or writ petition with the leave of the Court wherever required after issuance of certificate and furnish proof of such withdrawal along with the intimation of payment to the designated authority.
The declarant shall furnish an undertaking waiving his right, 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 him under any law for the time being in force.
No appellate forum shall proceed to decide any issue relating to the tax arrear mentioned in the declaration in respect of which an order has been made under section 92(1) by the designated authority or in respect of payment of sum determined under that section.
Time and manner of payment Under Direct Tax Vivad Se Vishwas Scheme, 2024
The designated authority shall, within a period of fifteen days from the date of receipt of the declaration, by order, determine the amount payable by the declarant in accordance with the provisions of this Scheme and grant a certificate to the declarant containing particulars of the tax arrear and the amount payable after such determination, in such form as may be prescribed.
The declarant shall pay the amount determined within a period of fifteen days of the date of receipt of the certificate and intimate the details of such payment to the designated authority in the prescribed form and thereupon the designated authority shall pass an order stating that the declarant has paid the amount.
Every order passed determining the amount payable under this Scheme, shall be conclusive as to the matters stated therein and no matter covered by such order shall be reopened in any other proceeding under the Income-tax Act or under any other law for the time being in force.
Non-Applicability Of Direct Tax Vivad Se Vishwas Scheme, 2024
The provisions of the Scheme shall not apply in respect of tax arrear, relating to an assessment year in respect of which an assessment has been made under sub-section (3) of section 143 or section 144 or section 147 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;
Tax Arrears relating to an assessment year in respect of which prosecution has been instituted on or before the date of filing of declaration.
Tax Arrears relating to any undisclosed income from a source located outside India or undisclosed asset located outside India.
Tax Arrears relating to an assessment or reassessment made on the basis of information received under an agreement referred to in section 90 or section 90A of the Income-tax Act, if it relates to any tax arrear.
Tax Arrears to any person in respect of whom an order of detention has been made under the provisions of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 on or before the date of filing of declaration.
Notification No. 103 /2024
Date: 19/09/2024
