Re: REFUND OF PENALTY
Assessee filed appeal before the CIT both on merits and penalty (Dept attavhed the penalty amount after passing the order)
The CIT (A) dissmissed te appeal on merits and deleted the penalty u/s271 (1)(c)
Assessee not filed appeal on merits and the dept filed appeal against penalty and the penalty appeal filed by the department was dismissed
The dept filed appeal against penalty and no notice was issued to the assessee sincfe the admission of the case is not posted .
Assessee filed viswas scheme and paid lower penalty amount
After that event suddenly the penalty appeal filed by the dept came up for hearing the counsel for the department argued and the Court on admission taken up the case and dismissed the case. The counsel for the assessee was asked asked whether the tis there any appeal on merits on which the cousnel argued tht the assessee had not filed appeal on merits.
Both cousnels were not in knowledge of that the assessee hae filed form 1 and form 2 under viswas scheme Now the assessee is not filing form 4 and form 5 and wants refund the penalty amount.
Your exper view is solicited
The querist can opt out, however if taxes are paid under the Vsv Act the assessee will not get the refund. Please refer circular No . 9 /2020 dt 22-4 -2020--Q, No . 42 and answer given by the CBDT, which state that any amount paid in pursuance of a declaration made under the Vivad Se Vishawas shall not be refundable under any circumstances . It seems that the assessee has paid disputed the penalty before filing of declaration under VSv Act , then it cannot be presumed that the payment was under Vsv Act , accordingly the assessee is eligible for refund .
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