Can Taxpayer get refund under Vivad Se Vishwas Scheme if more tax already paid?

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Case Law Update

Under the proposed Vivad Se Vishwas Scheme, a taxpayer would be required to pay only the amount of the disputed taxes and will get complete waiver of interest and penalty provided he pays by March 31, 2020. Those who avail this scheme after March 31, 2020 will have to pay some additional amount of 10% of disputed tax.

Under the similar scheme of indirect taxation “Sabka Vishwas”, taxpayer was not allowed refund of amount already paid if tax was paid in excess of the amount payable under the scheme. However, under “Vivad se Vishwas Scheme”, if a tax payer availing the income tax dispute settlement scheme- Vivad se Vishwas – has already paid the disputed tax while litigation is on-going then he/she can get a refund of the amount paid which is in excess of the tax payable under the scheme.

Disclaimer
This article doesn’t constitute professional advice. The author does not represent that the said information is correct and complete in all regards. The views contained in this article are personal views of the author and may change depending upon underlying facts and circumstances. Judicial and legal authorities may not subscribe to the views of author and can take different view. Readers of this article are advised to take professional advice before taking any course of action or decision. The author does not assume any responsibility or liability in respect of the information contained in this article or for any decision/ course of action readers may take based on information contained in this article.

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