The DIRECT TAX VIVAD SE VISHWAS ACT, 2020

Sections

Section 3: Amount payable by declarant.

Subject to the provisions of this Act, where a declarant files under the provisions of this Act on or before the such date as may be notified, a declaration to the designated authority in accordance with the provisions of section 4 in respect of tax arrear, then, notwithstanding anything contained in the Income-tax Act or any other law for the time being in force, the amount payable by the declarant under this Act shall be as under, namely:— SI. NO Nature of tax arrear. Amount payable under Amount payable under this Act on or before the this Act on or after the 31st day of December, 3[1st day of January, 2020 or such later date 2021 or such later date as may be notified. as may be notified] but on or before the last date. the aggregate of the (a) where the tax arrear is the aggregate amount of the disputed amount of disputed amount of disputed tax, interest tax. tax and ten per cent. chargeable or charged on such of disputed tax: disputed tax and penalty leviable or levied on such disputed tax. provided that where the ten per cent. of disputed tax exceeds the aggregate amount of interest chargeable or charged on such disputed tax and penalty leviable or levied on such disputed tax, the excess shall be ignored for the purpose of computation of amount payable under this Act . where the tax arrear includes the the aggregate of the the aggregate of the (b) tax, interest or penalty determined amount of disputed amount of disputed in any assessment on the basis of tax and twenty-five tax and thirty-five per search under section 132 or section per cent. of the cent. of disputed tax: 132A of the Income-tax Act. disputed tax: provided that where provided that where the the thirty- five per twenty-five per cent. of cent. of disputed tax disputed tax exceeds the exceeds the aggregate aggregate amount of amount of interest interest chargeable or chargeable or charged charged on such on such disputed disputed tax and penalty tax and penalty leviable or levied on leviable or levied on such disputed tax, the such disputed tax, the excess shall be ignored excess shall be for the purpose of computation of amount ignored for the payable under this Act. purpose of computation of amount payable. where the tax arrear relates to twenty-five per cent. thirty per cent. of (c) disputed interest or disputed of disputed interest disputed interest or penalty or disputed fee. or disputed penalty disputed penalty or or disputed fee. disputed fee:

Provided that in a case where an appeal or writ petition or special leave petition is filed by the income-tax authority on any issue before the appellate forum, the amount payable shall be one-half of the amount in the Table above calculated on such issue, in such manner as may be prescribed:

Provided further that in a case where an appeal is filed before the Commissioner (Appeals) or objections is filed before the Dispute Resolution Panel by the appellant on any issue on which he has already got a decision in his favour from the Income Tax Appellate Tribunal (where the decision on such issue is not reversed by the High Court or the Supreme Court) or the High Court (where the decision on such issue is not reversed by the Supreme Court), the amount payable shall be one-half of the amount in the Table above calculated on such issue, in such manner as may be prescribed:

Provided also that in a case where an appeal is filed by the appellant on any issue before the Income Tax Appellate Tribunal on which he has already got a decision in his favour from the High Court (where the decision on such issue is not reversed by the Supreme Court), the amount payable shall be one-half of the amount in the Table above calculated on such issue, in such manner as may be prescribed.