In a case where disputed tax contains qualifying tax arrears as also non-qualifying tax arrears (such as tax arrears relating 10 assessment made in respect of undisclosed foreign income): Whether the assessee is eligible to the Vivad se Vishwas itself? If eligible, whether quantification of disputed tax can exclude/ignore non-qualifying tax arrears?

Swapna Swapna
Answered on March 20,2020

If the tax arrears include a tax on issues that are excluded from the Vivad se Vishwas, such cases are not eligible to file a declaration under Vivad se Vishwas. There is no provision under Vivad se Vishwas to settle part of a pending dispute in relation to an appeal or writ or SLP for an assessment year. For one pending appeal, all the issues are required to be settled and if any one of the issues makes the declaration invalid, no declaration can be filed.