Section 3:
Amount payable by declarant.
Subject to the provisions of this Act, where a declarant files
1[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
this Act on or before the
2[31st day of December,
2020 or such later date
as may be notified].
Amount payable under this Act on or after the 3[1st day of January, 2021 or such later date as may be notified] but on or before the last date.
(a) 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.
amount of the disputed
tax.
the aggregate of the
amount of disputed
tax and ten per cent.
of 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 forthe
purpose of
computation of
amount payable
under this Act .
(b)
where the tax arrear includes the
tax, interest or penalty determined
in any assessment on the basis of
search under section 132 or section
132A of the Income-tax Act.
the aggregate of the
amount of disputed
tax and twenty-five
per cent. of the
disputed tax: provided that where the
twenty-five 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.
the aggregate of the
amount of disputed
tax and thirty-five per
cent. of disputed tax: provided that where
the thirty- five 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.
(c)
where the tax arrear relates to
disputed interest or disputed
penalty or disputed fee.
twenty-five per cent.
of disputed interest
or disputed penalty
or disputed fee.
thirty per cent. of
disputed interest or
disputed penalty or
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.
Notes:
1. Subs. by Act 38 of 2020, s. 5, for "under the provisions of this Act on or before the last date" (w.e.f. 31-3-2020).
2. Subs. by s. 5, ibid., for "31st day of March, 2020" (w.e.f. 31-3-2020).
3. Subs. by s. 5, ibid., for "1st day of April, 2020" (w.e.f. 31-3-2020).
* 28th February, 2021, vide notification No. S.O. 471(E), dated 31st January, 2021.