Re: Restore appeal if the application is accepted by DA but the amount of disputed tax determined is higher.
Where in case of an assessee where the application is filed by the assessee for disputed tax of Rs 10lakh. The DA accepts the application but alters the amount thereby determining the disputed tax of Rs 15Lakh that is higher than what was declared by the assessee. Whether the appeal that was earlier withdrawn due to application made for VSV can be restored? As, as per FAQ No 47 of Circular No 7, the assessee doesnot have an option to appeal against the order of DA. So whether he can revive the withdrawn appeal?
Yes, the appeal should be revived in the event VSVA is not proceeded with. Therefore , when an application is filed for withdrawal of appeal it is desirable to mention that in case the declaration is not accepted , the assessee may be given the permission to revive the appeal . The Assessee has also has the option to file a Writ Petition against the computation of the DA, if the same is erroneous.
Leave a Reply