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Query asked by Praveen Jain on April 27, 2020

Re: Vivad Se Vishwas Scheme

Addition on certain ground u/s 14A was made in Original Assessment Order us 143(3) say for Rs. 50 Lakhs.

Subsequently addition of Rs. 50.00 Lakhs was again made on the same ground in Assessment Order u/s 143(3) r.w. 153(3).

As per the present scheme addition for multiple orders for the same assessment year can be offered under the Scheme.

As per Q 19 of Clarification dated 22.04.2020 if multiple orders are being settled disputed tax will aggregate amount of tax in both the appeals i.e Rs. 1.00 Crores instead of addition of Rs. 50.00 Lakhs in both the order for same ground.

This will lead to double taxation of same addition for the same ground for the same assessment year.

According to us only one declaration to be filed . The assessee may have to pay tax only on Rs 50 lakhs .  If revenue insists for payment of tax on Rs 1 crores , it may lead to double taxation . One may challenge the said computation by filing Writ petition before High Court. 

 


 

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