Re: Assessment Set-Aside by CIT by way of revision order u/s 263

If the Revision Order under section 263 has been passed on 21st Jan, 2020 and the matter has been set-aside to the file of the AO with a specific direction where he has to freshly examine a claim of the assessee like deduction made under section 54F amounting to Rs. X. The order of the AO is pending. Can the assessee avail the benefit of Vivad se Vishwas Scheme?

Yes, the assessee has a deemed appeal pending before the ITAT as on the specified date. Therefore, the assessee can avail the benefit of VSVA provided an appeal is filed within the stipulated time.

Further, the time prescribed for filing an appeal before the ITAT is 60 days from the date of receipt of the order. Therefore, the assessee would also be able to take shelter of the decision of the Supreme Court in the case of Suo Motu Writ Petition (Civil) No(s).3/2020 dated March 23, 2020. Wwww.itatonline.org  wherein it has been held that to ease the difficulties faced by the litigants and their lawyers across the country in filing their petition/ applications/ suits/ appeals, irrespective of the limitation prescribed under the general law or Special Laws whether condonable or not shall stand extended w.e.f. 15th  March 2020 till further order/s to be passed by this Court in present proceedings.

It may be desirable to the querist to file an appeal before the Tribunal  explaining that the last date for filing the appeal was 21 st March however due to lock down , it could not be filed , now the querist is filing an appeal , the delay if any may be condoned . This may help to avoid any controversy. 

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