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In a case there is no disputed tax. However, there is appeal for disputed penalty which has been disposed off by CIT (Appeals) on 5th January 2020. Time to file appeal in ITAT against the order of Commissioner(Appeals) is still available but the appeal has not yet been filed. Will such case be eligible to avail the benefit?

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..... missioner(Appeals) is still available but the appeal has not yet been filed. Will such case be eligible to avail the benefit? - FAQs on Direct Tax Vivad Se Vishwas Act, 2020 - Income Tax - Frequently .....

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..... avail benefit of Vivad se Vishwas . In this case the declarant should indicate in the declaration Form No 1 , in the appropriate schedule, that time limit to file appeal in ITAT has not expired. .....

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