Table of Contents

Salient Features Of Direct Tax Vivad Se Vishwas Bill, 2020

DISPUTES COVERED

The scheme applies with reference to “Tax Arrears”

“Tax Arrear” means the aggregate amount of disputed tax, interest chargeable or charged on such disputed tax, and penalty leviable or levied on such disputed tax, disputed interest, disputed penalty or disputed fee.

SCHEME NOT APPLICABLE

In respect of tax arrear relating to:

an assessment year in respect of which an assessment has been made u/s. 143(3)/144/153A/153C on the basis of search initiated u/s. 132/132A, if the amount of disputed tax exceeds five crore rupees
an assessment year in respect of which prosecution has been instituted on or before the date of filing of the declaration;
any undisclosed income from a source located outside India or an undisclosed asset located outside India;
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

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 filing of declaration

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 filing of declaration

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 filing of declaration

To any person notified under section 3 of the Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992 on or before the filing of declaration

To any person in respect of whom prosecution for any offence punishable under the provisions of the Unlawful Activities(Prevention) Act, 1967, the Narcotic Drugs and Psychotropic Substances Act, 1985, the Prevention of Corruption Act, 1988, the Prevention of Money Laundering Act, 2002, the Prohibition of Benami Property Transactions Act, 1988 has been instituted on or before the filing of the declaration or such person has been convicted of any such offence punishable under any of those Acts

To any person in respect of whom prosecution has been initiated by an Income-tax authority for any offence punishable under the provisions of the Indian Penal Code or for the purpose of enforcement of any civil liability under any law for the time being in force, on or before the filing of the declaration or such person has been convicted of any such offence consequent to the prosecution initiated by an Income-tax authority

Where the “tax arrear” is the aggregate amount of disputed tax, interest chargeable or charged on such disputed tax, and penalty leviable or levied on such disputed tax.

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Manish Dafria

Salient Features Of Direct Tax Vivad Se Vishwas Bill, 2020