Where there are two appeals filed for an assessment year– one by the appellant and one by the tax department, whether the appellant can opt for only one appeal? If yes, how would the disputed tax be computed?
FAQs on Direct Tax Vivad Se Vishwas Act, 2020
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Option to settle appeal allows taxpayer to choose appellant or department appeal, with tax computed per declaration. Where both taxpayer and department have appeals for the same assessment year, the taxpayer may elect to settle the taxpayer's appeal, the department's appeal, or both by filing a declaration assessment-year-wise; the declaration must specify which appeal(s) are to be settled and the tax payable will be computed accordingly.
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.
Option to settle appeal allows taxpayer to choose appellant or department appeal, with tax computed per declaration.
Where both taxpayer and department have appeals for the same assessment year, the taxpayer may elect to settle the taxpayer's appeal, the department's appeal, or both by filing a declaration assessment-year-wise; the declaration must specify which appeal(s) are to be settled and the tax payable will be computed accordingly.
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