Imagine a case where an appellant desires to settle concealment penalty appeal pending before CIT(A), while continuing to litigate quantum appeal that has travelled to higher appellate forum. Considering these are two independent and different appeals, whether appellant can settle one to exclusion of others? If yes, whether settlement of penalty appeal will have any impact on quantum appeal?

Settlement of penalty appeal barred while quantum appeal remains pending; declarant must declare both appeals and pay relevant portion.

Penalty settlement cannot be sought independently while the related quantum appeal on the same disputed tax remains pending; the declarant must file a declaration specifying both the disputed-tax appeal and the penalty appeal and pay the scheme-prescribed portion of the disputed tax.