Section 1(1)(i) in THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020
(i)“disputed penalty” means the penalty determined in any case under the provisions of the Income-tax Act, 1961 (43 of 1961), where—(i)such penalty is not levied or leviable in respect of disputed income or disputed tax, as the case may be;(ii)an appeal has been filed by the appellant in respect of such penalty;