Re: AFTER FILING VSV FORM FOR A APPEAL , CAN THE APPEAL BE HEARD BEFORE ISSUANCE OF FORM 3 BY DESIGNATED AUTHORITY ?

APPEAL CAN BE WITHDRAWN ONLY UPON ISSUANCE OF CERTIFICATE IN FORM 3 BY DESIGNATED AUTHORITY. IN THE MEANTIME IF OUR APPEAL FIXES BEFORE ITAT, CAN IT BE DISPOSED OFF OR WILL IT BE TREATED AS DEEMED WITHDRAWL?

When the matter is fixed before the ITAT, the assessee has to inform the Honourable Bench about filing of the application under the Scheme . The ITAT passes  an order stating that ,the assessee has filed an application ,hence the appeal is disposed off  , subject to the qualification that , in case the application is not accepted the assessee has the right to make an application to reinstate the appeal . If the application is not accepted , the assessee should make an application for restoration of appeal at the earliest .

 

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