Re: Immunity form Penalty

Quantum Appeal was pending as on 31/01/2020 Before ITAT. On 20/03/2020 department passed penalty order u/s 271(1)(c). Now if I may apply for Vivad Se Vishwas scheme, can I get immunity for penalty??

Yes, As per FAQ No. 8 of CBDT Circular 9 of 2020 dated April 22, 2020, 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 covering both disputed tax appeal and penalty appeal. However, he would be required to pay relevant percentage of disputed tax only. On facts as the Assessing Officer has already passed the penalty order , it is advisable to file an appeal before the CIT (A) on penalty . While filing the form for VVSA  give details of both the appeals .

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