CBDT removes implementation difficulties in Income Tax Dispute cases to provide relief to taxpayers in Direct Tax Vivad Se Vishwas Scheme 2024

A significant update to the Direct Tax Vivad Se Vishwas Scheme, 2024 was made to provide relief to a huge number of excluded taxpayers who could not otherwise apply for this scheme due to certain defined circumstances.

The Central Board of Direct Taxes (CBDT) has issued an order addressing implementation issues with the Direct Tax Vivad Se Vishwas Scheme, 2024. The Scheme, which took effect on October 1, 2024, was established under the Finance (No. 2) Act, 2024, to quickly handle unresolved direct tax disputes.

With these difficulties now being removed, more taxpayers would be able to resolve pending income tax disputes by applying for the Vivad Se Vishwas Scheme, 2024. The scheme, which was proposed in Budget 2024, aims to resolve unresolved income tax disputes by waiving interest and penalties if the taxpayer pays the disputed amount of income tax. However, you have until January 31, 2025 to pay a lesser amount of the disputed tax (100%). Starting February 1, 2025, you must pay 110% of the disputed tax amount to apply for the Vivad Se Vishwas Scheme.

The Order Read as Follows:

WHEREAS, the Direct Tax Vivad Se Vishwas Scheme, 2024 was introduced vide the Finance (No.2) Act, 2024 (15 of 2024) and came into force with effect from the 1st day of October, 2024;

WHEREAS, while implementing the said Scheme difficulties have arisen in situations where,––

(a) an order in case of a person had been passed on or before the specified date i.e. the 22nd day of July, 2024;

(b) the time for filing an appeal in respect of such order was available as on the said date;

(c) appeal in respect of such order was filed after the said date within the stipulated time as applicable for filing of such appeal; and

(d) aforesaid appeal is filed without any application for condonation of delay;

WHEREAS, section 98 of the said Finance (No.2) Act, 2024 provides that if any difficulty arises in giving effect to the provisions of the Scheme, the Central Government may, by Order, not inconsistent with the provisions of the Scheme, remove the difficulty;

NOW THEREFORE, in exercise of the powers conferred by sub-section (1) of section 98 of the Finance (No.2) Act, 2024, the Central Government hereby makes the following Order to remove the difficulty, namely: ––

(i) in the case of such a person, aforesaid appeal shall be considered as pending as on the 22nd day of July, 2024 for the purposes of the said Scheme;

(ii) such a person shall be considered as an appellant for the purposes of the said Scheme;

(iii) in such a case, disputed tax shall be calculated on the basis of such appeal; and

(iv) the provisions of the said Scheme and the rules framed thereunder shall apply accordingly in such a case.

For Official Order Download PDF Given Below: