{"id":11979,"date":"2020-08-24T06:36:49","date_gmt":"2020-08-24T06:36:49","guid":{"rendered":"http:\/\/itatonline.org\/digest\/vishwas\/bilateral-appeal-on-same-issue\/"},"modified":"2020-08-25T07:17:57","modified_gmt":"2020-08-25T07:17:57","slug":"bilateral-appeal-on-same-issue","status":"publish","type":"vishwas","link":"https:\/\/itatonline.org\/digest\/vishwas\/bilateral-appeal-on-same-issue\/","title":{"rendered":"Bilateral Appeal on Same Issue"},"content":{"rendered":"<p>Facts:<\/p>\n<p>1.An addition is done in case of assessee by AO, let\u2019s say on account of hawala transaction, of Rs. 1 Crore.<br \/>\n2. The assessee files an appeal with the CIT(A), who has given a partial relief by reducing the addition to Rs. 20 Lakhs.<br \/>\n3. Now, both the assessee as well as the department files an appeal on the same issue with the ITAT.<br \/>\nQuery:<\/p>\n<p>How does the assessee settle the dispute?<br \/>\nA. Does he have to pay 100% tax on addition confirmed by CIT(A) of Rs. 20 Lakhs (as technically it has substituted the order of AO) or<br \/>\nB. Pay 100% tax on Rs. 20 Lakhs and 50% tax on Rs. 80 Lakhs or<br \/>\nPay 50% on entire Rs. 1 Crore or<br \/>\nC. Pay 100% tax on entire Rs. 1 Crore of addition.<br \/>\nBoth the appeals cover same issue. And hence, ideally, would settling any one of the appeals not be sufficient to bring the issue to closure?<br \/>\nD. Would it not be 100% of the amount of tax payable on Rs. 20 Lakhs, if the time limit for filing of the appeal has not expired as on 31st January, 2020?<br \/>\nE. If the assessee has carried forward losses would the answer be any different?<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Facts: 1.An addition is done in case of assessee by AO, let\u2019s say on account of hawala transaction, of Rs. 1 Crore. 2. The assessee files an appeal with the CIT(A), who has given a partial relief by reducing the addition to Rs. 20 Lakhs. 3. Now, both the assessee as well as the department files an appeal on the same issue with the ITAT. Query: How does the assessee settle the dispute? A. Does he have to pay 100% tax on addition confirmed by CIT(A) of Rs. 20 Lakhs (as technically it has substituted the order of AO) or B. Pay 100% tax on Rs. 20 Lakhs and 50% tax on Rs. 80 Lakhs or Pay 50% on entire Rs. 1 Crore or C. Pay 100% tax on entire Rs. 1 Crore of addition. Both the appeals cover same issue. And hence, ideally, would settling any one of the appeals not be sufficient to bring the issue to closure? D. Would it not be 100% of the amount of tax payable on Rs. 20 Lakhs, if the time limit for filing of the appeal has not expired as on 31st January, 2020? E. If the assessee has carried forward losses would the answer be any different?<\/p>\n<p><a href=\"https:\/\/itatonline.org\/digest\/vishwas\/bilateral-appeal-on-same-issue\/\">read more<\/a><\/p>","protected":false},"comment_status":"open","ping_status":"closed","template":"","tags":[],"expertname":[6],"class_list":["post-11979","vishwas","type-vishwas","status-publish","hentry","expertname-dr-k-shivaram-sr-advocate"],"acf":[],"jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/vishwas\/11979","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/vishwas"}],"about":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/types\/vishwas"}],"replies":[{"embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/comments?post=11979"}],"wp:attachment":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/media?parent=11979"}],"wp:term":[{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/tags?post=11979"},{"taxonomy":"expertname","embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/expertname?post=11979"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}