Re: Quantification of Disputed Tax under VSVA – Whether 100% or 50%??

In the facts of the given case, the Appeal of the assessee company against the Order of ITAT was pending in the High Court (pending as on 31st January, 2020). Now the High Court has allowed the appeal of the assessee setting aside the Order of ITAT and restoring the Appeal of Department for decision afresh [Assessee was successful at the stage of CIT(Appeals)]. Now, the assessee company wants to avail of the DTVsV Scheme so as to give quietus to the issue. What would be the quantum of “Disputed Tax” – 100% or 50% (since, now the pending appeal in ITAT is that of the Department) in terms of Section 3 r.w. the First Proviso of DTVSV Act?? Please advise.

From, what we understand is that, the High Court has passed an order after January 31, 2020 for fresh adjudication and now the matter is pending before the ITAT.

Since the order pending as on the specified date i.e. January 31, 2020 is already adjudicated upon. The assessee  may not be  eligible for VSAV.  However may one may have to read the order  of the High Court . Though it may be debatable  one may  contend that  when High Court quashed the order of the Tribunal  and set aside  the matter back to the  Tribunal , the departmental appeal is revived and it relate back to the date of filing . One may tray to settle the dispute by paying 50% tax in dispute . If department accepts the application  , it will be conclusive  and binding on the revenue and assessee. 

---