A closely held assessee company received share premium during AY2009-10. Its return was processed u/s 143(1). Later in 2015, AO reopened assessment u/s 147. Made addition of Rs.2 crore.
CIT(A) confirmed the addition in 2016.
In 2nd appeal,assessee challenged addition u/s 68. During hearing before itat, assessee also took additional ground for the first time that notice u/s 148 lacks reason to believe and hence without jurisdiction. in 2017 ITAT accepted assessee argument and quashed notice u/s 148 and did not discuss case on merits. Assessee appeal was allowed.
Revenue challenged quashing of notice by ITAT before HC. In 2018, the HC passed order and found notice u/s 148 valid and set aside the case before the ITAT to decide on merits. ITAT did not pronounce order till date. So appeal is pending as on 31.01.2020.
Assessee wanted to avail VSVS scheme. Assessee filed Form 1 & 2 stating that Revenue appeal is pending and thus tax liability would be 50% of addition made by AO.
Query 1: what would be tax liability ? i.e 50% or 100% of addition made by AO?
Query 2: Pendency of appeal as on 31.01.2020 would be of Revenue or of assessee?
Sir, there is no FAQ by CBDT on this matter. I always attend your webinar on you tube and learnt a lot. Your opinion would be final for us. Kindly clarify both queries?