Re: Declaration filed under VSV rejected by Pr.CIT in the case of Revision application u/s 264.
1. The petitioner had filed a revision application u/s 264 of the act before CIT against penalty order u/s 271(1)(c) of the Act.
2. The date of order was 29.04.2013 .
3. There was a delay in filing the petition.
4. The petition was filed along with an application for condonation in delay.
5. The said petition was pending on the date of announcement of VSV Scheme.
6. The petitioner filed a declaration under VSVS but the same was rejected by Pr.CIT on the ground that the petition filed u/s 264 of the Act was not in time
A request to kindly suggest a solution available to the assessee.
As per FAQ No. 59 of CBDT Circular No. 21 of 2020 dated December 4, 2020. The assesssee should eligible for VSVA.
Merely filing of a condonation of delay application will not suffice, the same has to be condoned . Therefore the assessee may approach the authority concerned and request in writing to pass the order. In case the order is not passed the assessee may file writ before the High Court .In case the application for condonation of delay is rejected it is desirable to file before High Court against the rejection order.
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