Re: Penalty
Where the time limit to file appeal has not expired against the penalty order, can one fall under the scheme?
Yes. Terms of availing VSV in case of penalty are similar to terms in case of disputed tax. Appellant should indicate in the declaration form that time limit to file appeal has not expired.
Definition of Disputed Tax includes cases where time to file appeal has not expired but Disputed Penalty does not include such cases. FAQs are also silent on the issue. Where the penalty is not related with quantum of income such as penalties u/s 221, 271A, 271B etc. and there is no appeal pending against tax dispute and no appeal is pending as on the specified date i.e. 31.01.2020 I understand that such penalty may not be eligible without any express provisions or clarification from CBDT.