Re: re opened assessment

assessment completed u/s 143(1) was re opened u/s 147. Assessee filed reply stating that original return be taken as compliance u/s 147. However on receipt of u/s 148 notice,addl tax amt was paid. re opened assessment was completed making addition giving credit for addl tax amt paid and charging interest and claiming the balance amt payable . can addl amt already paid be taken as towards disputed tax liability. Appeal is pending before CIT(A)

One has to read the grounds of appeal filed  before the CIT(A) . For an example out of five additions made by the AO in the reassessment proceedings, if the assessee challenges  only two additions the tax in dispute has to be computed in respect of only  in respect of two additions .   If any  excess amount of tax was  paid by the assessee, while computing  the tax in dispute the assessee will get the credit for the excess amount paid and balance only payable as per the VVS when the issue is settled . The answer is giving on the basis of presumption  of  certain facts .

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