In a case ITAT has quashed the assessment order based on 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?

Vivad se Vishwas settlement available for disputes revived on appeal; payment equals half of the applicable rate on restored disputed tax.

Assessee whose assessment was quashed for lack of jurisdiction is eligible to settle the department's pending High Court appeal under the Vivad se Vishwas scheme. The settlement amount is calculated by applying one half of the applicable specified rate to the disputed tax that would be restored if the Department prevailed on appeal, using the tax liability that would be reinstated as the computation base.