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Query asked by R. Team on April 3, 2020

Re: oral pronouncement of order

Whether taxpayer is eligible to avail VSV where decision was orally pronounced by Court as on 31 January 2020, but formal appellate order was passed post 31 January 2020?

Answered by

Where the matter is decided by the Court as on 31 January 2020 and order is pronounced, the said matter is no longer pending before that Court.  However, time limit to file appeal before the higher appellate forum is pending and same will be considered as deemed appeal as on 31 Janaury 2020 [not applicable in case where the order is pronounced by SC in case of the assessee against which no appeal can be filed].  

 

For quantification, intention of the legislature view seems to be that disputed tax is to be computed after giving effect to appellate order passed.  (Refer ans to Question 7 above) 

 


 

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