If assessment has been set aside for giving proper opportunity to an assessee on the additions carried out by the AO. Can he avail the Vivad se Vishwas with respect to such additions?
FAQs on Direct Tax Vivad Se Vishwas Act, 2020
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Vivad se Vishwas eligibility: assessee may settle additions set aside by appellate authority subject to settling related issues. Where an appellate authority has set aside an assessment (except where assessment is to be framed de novo) for giving proper opportunity or fresh examination, the assessee may avail Vivad se Vishwas for the set-aside additions provided the assessee also settles any other disputed issues not set aside that are pending or within appeal time; disputed tax is computed as the tax (including surcharge and cess) that would be payable if the assessing officer repeated the set-aside addition, and the declaration may note pending appeals before the Commissioner (Appeals).
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Vivad se Vishwas eligibility: assessee may settle additions set aside by appellate authority subject to settling related issues.
Where an appellate authority has set aside an assessment (except where assessment is to be framed de novo) for giving proper opportunity or fresh examination, the assessee may avail Vivad se Vishwas for the set-aside additions provided the assessee also settles any other disputed issues not set aside that are pending or within appeal time; disputed tax is computed as the tax (including surcharge and cess) that would be payable if the assessing officer repeated the set-aside addition, and the declaration may note pending appeals before the Commissioner (Appeals).
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