Re: FAQ no 39 (Circular no 9 of 2020) dated 22 April 2020
As per FAQ no 39 (Circular no 9 of 2020) dated 22 April 2020, if the ITAT has decided the issue in favour of tax-payer for any prior year, then the tax-payer would be eligible to compute disputed tax @ 50% on similar issue pending before the ITAT in later years.
Can the said principle be applied in case the CIT(A)has decided the issue in favour of tax-payer in year 1 and similar issue is pending before CIT(A)in year 2?
The same is included as 2nd proviso under section 3 of VSVA. As a proviso it is a carve out from the meaning of the section and the same cannot be given a wider interpretation to include more than what is expressly mentioned. Accordingly the disputed tax @ 50 % of tax cannot be made applicable where the CIT (A) has decided the issue in favour of the assessee.
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