Which Income Tax appeals (Income tax appeal pending) are covered under the Vivad se Vishwas Scheme?
Income Tax Appeals pending before the appellate forum [Commissioner (Appeals), Income-tax Appellate Tribunal (ITAT), High Court or Supreme Court], and writ petitions pending before any High Court or Supreme Court or special leave petitions (SLPs) pending before Supreme Court as on the 31st day of January, 2020 (specified date) are covered.
Similarly, cases where objections filed by the Income tax assessee against draft order are pending with Dispute Resolution Panel (DRP) or where DRP has given the directions but the Income tax Assessing Officer (AO) has not yet passed the final order on or before the specified date are also covered. Cases where revision application under section 264 of this Act is pending before the Principal Commissioner or Commissioner of Income tax are covered as well.
Further, where a declarant has initiated any proceeding or given any notice for arbitration, conciliation or mediation as referred to in clause 4 of the Bill is also covered
If there is no Income tax appeal pending but the case is pending in arbitration, will the taxpayer be eligible to apply under Vivad se Vishwas? If yes what will be the disputed tax?
An assessee whose case is pending in arbitration is eligible to apply for settlement under this Scheme (Vivad se Vishwas Scheme Due Date) even if no appeal is pending. In such case assessee should fill the relevant details applicable in his case in the declaration form.
The disputed tax in this case would be the tax (including surcharge and cess) on the disputed income with reference to which the arbitration has been filed.
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