If there is substantive addition as well as protective addition in the case of same assessee for different assessment year, how will that be covered? Similarly if there is substantive addition in case of one assessee and protective addition on same issue in the case of another assessee, how will that be covered under Vivad se Vishwas?
FAQs on Direct Tax Vivad Se Vishwas Act, 2020
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Vivad se Vishwas settlement requires deletion of protective additions when corresponding substantive additions are settled. When a substantive addition is eligible for settlement under Vivad se Vishwas, the Assessing Officer shall, on settlement of the substantive addition, pass a rectification order deleting the protective addition relating to the same issue in the case of the same assessee or in the case of another assessee.
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 settlement requires deletion of protective additions when corresponding substantive additions are settled.
When a substantive addition is eligible for settlement under Vivad se Vishwas, the Assessing Officer shall, on settlement of the substantive addition, pass a rectification order deleting the protective addition relating to the same issue in the case of the same assessee or in the case of another assessee.
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