Re: Penalty
Penalty order issued and served upon the assessee on 31.1.2020. Whether the assessee can opt for Vivad se Vishwas scheme ? The disputed penalty is defined in the act does not include cases where time to file appeal is not expired whereas disputed tax includes such cases as per the definition given in the act. Kindly guide. Thanks
Yes. The assessee will be considered to be a declarant as per section 2(1)(a) (ii) of VSVA. Therefore the assesssee can opt for the Scheme.
Disputed Penalty and Disputed Taxes have been defined differently in the Vivad se Vishwas Act. While Disputed Tax include cases where the time to file appeal has not expired but the Disputed Penalty does not iclude such cases. The FAQs issued by the CBDT is also silent on this issue. Q 20 of FAQs talks of the cases of penalty where CIT(A) has passed order and time to file appeal before ITAT is not expired. Where the penalty is levied u/s 271A, 271B, 271C, 271D or 271E, 271F, 221 etc. which is not related to the income. Kindly enlighten in the above given circumstances if the assessee may take benefit of the scheme. Thanks