154 petition pending before Assessing officer assessee filed vsv and AO rejected the 154 petition can assessee file appeal before CIT (A) on November and go for vsv.

If the quantum is pending before CIT(A) and the assessing officer passed 271(1)(c) can assessee go for vivad se viswas only for penalty.

Dear Sir,

The assessee filed return of income declaring loss under both normal provisions and section 115JB of the Act.

The AO made additions under normal provisions. However, due to availability of b/f losses, the tax payable under normal provisions was Nil.

The AO also made additions to book profit and determined a book profit on which MAT is payable. Accordingly demand ha been raised.

The assessee filed appeal before CIT(A) for additions made under the normal provisions (Additions to book profits were not contested before the CIT(A)). The CIT(A) order was passed against the assessee.

The assessee filed appeal before the ITAT and the same is pending before the ITAT as on 31.01.2020. The assessee has also filed additional grounds before the ITAT in respect of the additions made to the book profit. The appeal is pending as on date.

The assessee wishes to file under VsV and c/f reduced losses under the normal provisions.

Queries:

1. Whether the assessee can file under the VsV scheme for the additional grounds raised before ITAT which have not been raised before CIT(A).

2. If yes, do the assessee need to file separate applications under VsV, one for normal provisions and other for book profit additions.

Request your valuable views on above.

IF an appeal in ITAT has been dismissed and a fresh appeal in High Court is yet to be filed(time limit ends after 31-1-2020, hence eligible), what should be written in Appeal reference number/acknowledgement number in Schedule A VI ? If kept blank, the Form is not accepted.
Please suggest.

During a Tribunal hearing, I told the learned judges that the appellant had already submitted an application under the Vivad se Vishwas Scheme. The learned judge directed me to write an email to the Hon’ble ITAT, attaching the VsV application, in accordance with a particular judgement of the Madras High Court. Please let me know which judgement he was referring to, and the procedure, if any, laid down in the said judgement.

AO added 12.5% of the bogus purchase to total income for AY 2009-10, AY 2010-11, AY 2011-12, AY 2012-13.

CIT (A) Dismissed the appeal AY 2011-12 and AY 2012-13
(order passed in 18.05.2018)

ITAT partly allowed for AY 2011-12 and 2012-13
(Reduced the Percentage of addition from 12.5% of Bogus Purchase to 5%)(ITAT order passed on 19.12.2018)

CIT (A) heard the appeal for AY 2009-10 and AY 2010-12 and on the basis of ITAT order for AY 2011 & 2012, partly allowed from 12.5% to 5% (date of Order 22.02.2019)

Assessee unaware of any appeal being pending received ITAT notice for hearing AY 2009-10 & AY 2010-11 for ITAT appeal filed by Department.
Unfortunately Notice received after the date of hearing 27.10.2020

No Detail received from Department yet on the said appeal by Department.

ITAT Case Status shows that the appeal was filed on 29.05.2019
since assesses dont have any detail of said appeal and he being eligible for VSV for AY 2009-10 & AY 2010-11 .

can he get the advantage of 50% of the Disputed Tax since he has a favorable judgment from ITAT on similar issue.

Hello

Assesses appeal before ITAT was heard on 27.01.2020 and order was pronounced on 10.02.2020.

Is Assessee still eligible for VsV scheme?

Assessee received a CIT(A) order dated 29 July 2020, whereas no notice or hearing was held in the year 2020…. so no opportunity after 31st Jan 2020 was given to the assessee….

Now is the Assessee eligible for VsV ?

I have received the Form 3 duly approved but i am not able to locate form 4 on the income tax e login web page.

Regards

Rectification order u/s 154 for AY 2012-13 has been passed by the Income Tax Authority on 24/01/2020. Can we avail the benefit of Vivad Se Vishwas scheme for that AY against Rectification Order