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  1. Tharun kothari

    Tharun kothari New Member

    The CBDT has issued a new notification wherein an assesse can declare his untaxed income & pay 45% of the amount. I would like to know whether a person whose case is pending before the honourable high court can pay 45% of the disputed amount & nullify the case??
  2. ZED

    ZED Well-Known Member

    That notification is applicable to those assessees who have undisclosed income. If the case is in high court then the assessee might be claiming that either the income was not undisclosed or that it is undisclosed but penalty u/s 271(1)(c) should not be levied.

    S.193 of Finance Act 2016 provides that the provisions of this Scheme shall not apply---
    where a notice under section 142 or sub-section (2) of section 143 or section 148 or section 153A or section 153C of the Income-tax Act has been issued in respect of such assessment year and the proceeding is pending before the Assessing Officer.

    If you are appealing in High court then you must be appealing against the order of AO, which means he must have passed the order which means the proceedings were not pending before AO, which means you can not apply for this scheme.
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