Re: Appeal pending before citA, Ao in remand report reduced the demand to aprox 20%, rejoinder filed, orders before cit appeal sub juidice, no further date of hearing fixed
The Appellant filed his itr by the due date ,declaring gto and profits under sec 44ad, Ito didnot consider the itr, issued notice under sec 147, notice could not be served because of some postal issues, case was decided exparty, Appeal filed before the cit apppeals, alongwith Additional evidences, application for additional evidences considered, and remanded the matter to Ao, Ao sent the remand report and reduced the demand to 20%, rejoinder against the remaining 20% also filed before the CIt Appeals, Cit A transferred,
New Cit A Joined but matter is still not fixed, Though the case is very good on merits, still to purchase peace of mind, assessee wish to opt for VVS scheme, can it be filed on the basis copy of remand report, if we gv an application for early hearing to the cit A about our willingness to opt for the scheme, it may give a wrong message to the cit a and may pass the orders with the increased addition i.e.more than the addition confirmed in the remand report
There is one appeal pending on the specified date against the order of S. 147 read with S. 144 of the Income tax Act. Only this appeal can be settled under VSVA. There is no clarification on the implications of a remand report on the appeal. The querist can make an application to the AO to rectify the order . If the AO rectify the order the querist can file revised groundsof appeal before the CIT (A) . If the order is rectified , the querist may have to settle only on the basis of rectified order. Other wise the querist may have to settle the original appeal without taking in to consideration the remand report . The issue will be taken up before the CBDT for clarification
Respected Sir
My understanding :
Why there clarification on the implications of a remand report on the appeal, required ? Remand report is only Departmental process, where no decision can conclude on the issue. Further an application to the AO may not be entertained, as the finality not reached.
Hence the amount as per the assessment order to be considered, as the same in appeal.