Re: Assessee filed quantum appeal and penalty appeal for the same assessment year can I opt DTVSV for penalty appeal only

Assessee filed quantum appeal and a penalty appeal for the same assessment year can I opt DTVSV for penalty appeal only. Kindly guide me

With warm regard

As per the scheme and FAQ 8, Circular No 9.  Dt. 22 -4 2020   , which reads as under ;

 

8.Q. Imagine a case where an appellant desires to settle concealment penalty appeal pending before CIT (A) ,while continuing  to litigate  quantum appeal that has travelled to higher appellate forum . Considering these are two independent and different appeals , whether appellant can settle one to exclusion of others ?. If yes , whether settlement of penalty will have any impact on quantum appeal ?     

Ans :If both quantum appeal covering disputed tax and appeal against penalty levied on such disputed tax for an assessment year are pending, the declarant is required to file a declaration form giving details of both disputed tax appeal and penalty appeal. However, he would be required to pay relevant percentage of disputed tax only. Further, it would not be possible for the appellant to apply for settlement of penalty appeal only when the appeal on disputed tax related to such penalty is still pending.

The answer is very clear .

 

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