Re: rectification orders passed after the assessment order

AY 2015-16. Appeal filed against assesment order dt 05.12.2017 is pending with CIT(A). Subsequent to filing of appeal rectification orders u/s 154 were passed on 12.02.2018 and 23.03.2020. One out of the rectification order is after 31.01.2020.By both these orders the demand has been reduced.In the instruction to fill Form 1, it has been stated that the date of order cannot be after 31.01.2020.In the above circumstances what will be the disputed tax? How to fill the date of order in Form 1?

As we understand, The Declarant ought to be given the benefit of the rectification order passed after the specified date under VSVA. Reliance is placed on Question No. 25 of CBDT Circular 9 of 2020 date April 22, 2020 which states that, in a case appeal is pending on the specified date, but a rectification application is also pending with the Ld. A0 which if accepted will reduce the total assessed income. The disputed tax in such cases would be calculated after giving effect to the rectification order passed, if any.  Tax in dispute to be considered after considering the rectification order. 

 

 

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