Re: 263 case

Appeal to CIT Appeals filed with in time limit and was pending on 31.01.2020 for the assessment year 2013-14

263 order passed by CIT IT TP on 26.02.2020

Being my appeal is pending on 31.01.2020 I have opted for VVS and filed forms 1 and 2

The same is rejected by CIT IT TP
Is rejection is valid?
If not what is the further course of action

Please advise
Thanks in advance.

One has to read the order of the revision order passed by the CIT . If  the  entire order of the Assessing Officer is set aside , Appeal before the CIT (A) may not survive ,  unless the order of the CIT is challenged before the ITAT . If the order of the revision is challenged before the ITAT , it may be desirable to make an application before the ITAT to take the matter out of turn hearing . Normally the  appeal against the 263  order is always taken on urgent basis. If the order u/s 263 is quashed the appeal of the assessee before CIT (A) will  survive and the rejection of application is not proper . 

On facts it seems the assessee might have made an application after the passing of an order by the Commissioner under section 263 of the Act .  One has to  verify whether the assessee has informed the Designated  Authority regrading the pending of appeal against the order under section 263 before the Appellate Tribunal .  It may be desirable to file writ before the High Court . High Court may direct the ITAT to hear the appeal of the Assessee on  urgent basis . If order under Section 263 passed by the Commissioner  is quashed , the application of the assessee is valid and the   assesseee is eligible for benefit of the scheme. High Court has the power to direct the   designated Authority to consider the application of the assessee. 

  

 

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