Re: two separate appeals for same assessment year. assessee wanst VSv for one appeal. AO is insisiting the payment of disputed tax of second appeal to pay and CIT stated AO’s recommended amount
the assessee income was reassess for AY 2011-12 for addition on GP on alleged bogus purchase. the matter was in appeal . Subsequently AO again reopens the assessment and this time added entire amount of purchases. the assessee is in appeal again. Now Assessee opted for VSV for 1st appeal. Form 1 by CIT indicate the disputed tax of second appeal. CIT is banking on AO’s recommendation, he refuses to see reason. pl advice
Both appeals independent . As regards the reassessment the assessee may have to file separate declaration referring the earlier appeal. Once the appeal of the reassessment is settled earlier assessment order may not survive . According to us the CIT is right , provided both the appeals were pending as on the appointed date .ie . 31 -1 -2020.
It is clear that there are overlapping issues for both the section 148 matters of same assst years.The circular by CBDT on VSV attends this issue. HOWEVER THE DECLARANT SHOULD COME OUT WITH FULL PARTICULARS AS THE DEPARTMENT HAS ALL THE DETAILS.