Re: If department and assessee are in appeal

The assessee got partial relief in cit(A) . On 30.01 .2020 , both Department and assessee went to appeal.

Later on in nov. 2020 bother the appeals were dismissed by itat.

Now the assessee has filed vsvs on the issue sustained by cit(appeal).

My opinion is that the assessee should have filed vsvs on both the issues sustained/deleted because on 30.01.2020 , the both the issues were disputed before ITAT.

Please refer Circular No 21 / 2020 dt 4-12 -2020 ,  Q.No.  56 and answer  . As per the benefit given in the Circular  if the appeal has been disposed of by the appellate Authority  can also avail the benefit of the Scheme .   On the facts of the case two appeals were pending before the Appellate Tribunal  and both the appeals are dismissed . According to us the assessee can avail the benefit of the scheme  in respect of appeal filed by the assessee. As regards the dismissal of appeal of the revenue , the revenue has the liberty to approach the High Court , subject to monetary limit prescribed under the Act. According to us the assessee may avail the benefit of the scheme in respect the appeal of the assessee which was dismissed by the Appellate Tribunal .

 

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