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Core Purpose

Order clarifies the status of appeals under the Direct Tax Vivad Se Vishwas Scheme, 2024, addressing implementation difficulties for cases with appeals filed around July 22, 2024.

Detailed Summary

This official order issued by the Central Board of Direct Taxes addresses difficulties encountered in implementing the Direct Tax Vivad Se Vishwas Scheme, 2024, enacted through the Finance (No. 2) Act, 2024. The order pertains to situations where orders were passed on or before July 22, 2024, and appeals were pending or filed subsequently. To resolve these issues, the order clarifies that for the scheme's application: (i) such appeals are deemed pending as of July 22, 2024; (ii) the concerned person is considered an appellant; (iii) disputed tax will be calculated based on the appeal; and (iv) the scheme's provisions will apply accordingly. This clarification, issued under Section 98 of the Finance (No. 2) Act, 2024, aims to streamline the scheme's implementation by resolving ambiguities related to appeal timelines.

Full Text

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-21012025-260349 EXTRAORDINARY PART II-Section 3-Sub-section (ii) PUBLISHED BY AUTHORITY No. 346] NEW DELHI, MONDAY, JANUARY 20, 2025/PAUSHA 30, 1946 MINISTRY OF FINANCE (Department Of Revenue) (CENTRAL BOARD OF DIRECT TAXES) ORDER New Delhi, the 20th January, 2025 S.O. 348(E).—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. [No. 8/2025/ F. No. 370153/01/2025-TPL] PRADEEP SHARMA, Dy. Secy., Tax Policy & Legislative Division

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