Home |vivad se vishwas scheme | In a case, Income Tax Appellate Tribunal(ITAT) has quashed the assessment order based on a lack Of jurisdiction by the AO. The department has filed an appeal in HC which is pending. Is the assessee eligible to settle this dispute under Vivad se Vishwas and if yes, how disputed tax be calculated as there is no assessment order?

In a case, Income Tax Appellate Tribunal(ITAT) has quashed the assessment order based on a lack Of jurisdiction by the AO. The department has filed an appeal in HC which is pending. Is the assessee eligible to settle this dispute under Vivad se Vishwas and if yes, how disputed tax be calculated as there is no assessment order?

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Amal Amal
Answered on March 20,2020

The assessee, in this case, is eligible to settle the department appeal in HC. The amount payable shall be calculated at half rate of 100%,110%, 125% or 135%, as the case may be, on the disputed tax that would be restored if the department was to win the appeal in HC.

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