Specific query is as follows :-
I have filled an appeal before CIT(A) which is pending as on 22/03/2016
client has already paid the full TAX and Interest as determined by A.O. (Before 29/2/2016)
Whether my client is eligible to avail the benefit of Dispute Resolution Scheme in order to avoid penalty u/s 271(1)(c) which is likely to be imposed since the quantum appeal is likely to be dismissed by the CIT on merits.
Please spare some time and give me your views on the above issue.
Thank you
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Direct tax dispute resolution scheme
Replies (3)
Looking overall, it seems that you can avail the benefit of Direct Tax Dispute Resolution Scheme, 2016.
However, in case disputed tax is exceeding Rs. 10 lacs, or in case it is an appeal against penalty order, an additional 25% of penalty leviable needs to be paid beforehand.
As per my reading sir this scheme is applicable only for those cases in which appeal to CIT(A) is to be filled upto 29 feb. 2016 hence your case is not cover irrespective of payment of tax and interest and penalty on or before 29 feb. 2016 coz appeal is not filed upto 29 feb 2016....
but i have some quary
that to whome such application i.e. form 1 is filed ( like in my case my client is from nagaur rajasthan than to which principal CIT/ CIT this declaration is to be filed)
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