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Query asked by R.Team on April 4, 2020

Re: Rectification

If CIT(A) has passed on order giving partial relief and appeal effect is yet to be given as on 31 January 2020 (say given on 15 February ie before filing the VSV declaration). Assessee has filed appeal before the ITAT after 31 January 2020 but before filing of declaration. Whether such an appeal can be settled under the VSV scheme?

Answered by

CIT(A) order was passed before 31 January 2020.  The ITAT appeal has been filed after 31st Jan 2020 but was filed within the time limit of 60days.  Accordingly, since time limit to file ITAT appeal was available as on 31 Jan 2020, the Appellant can avail benefit fo the VSV scheme in this case.  The Disputed tax will be computed after giving effect to CIT(A) order passed before 31 Janaury 2020 as clarified by FAQ50 dtd 4 March 2020 (needs to be specifically clarified by the CBDT).

 


 

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