Re: Eligibilty to take benefit under Vivad se Vishwas
One of my relatives has assessment completed ex-parte. Unfortunately, none of his tax advisors have represented his case before CIT(A) and ITAT, eventhough appeals were filed before them in time.
HON’BLE ITAT has passed order ex-parte with a direction that the matter may be heard again if the assesses proves genuineness of not being able to represent facts and plead his case before ITAT.
He has filed MA before ITAT with affidavit from his tax consultant confessing negligence on his part for nor effectively handling all the tax related litigation before authorities. Such MA is pending to be disposed of by ITAT as on the cut off date.
Can he take benefit under this scheme in so far as disputed tax involved in the order which is subject matter of the MA,
If the ITAT has set aside the matter to CIT (A) to decide the matter on merit the appeal is pending as on the specified date.ie 31-1-2020 . If the appeal is set a side to the AO , it is desirable to file an Miscellaneous application before the Tribunal and pray for recalling of the order. The miscellaneous application can be filed with in six months of the receipt of the order. In Devendra G.Pasale v ACIT ( 2010) 333 ITR 263 (Guj) (HC) has held that even ex parte order passed on merits can be set aside as per Rule 24 of the ITAT Rules also refer, . Lalitnirman Business Development (P.) Ltd v ITO (2018) 259 Taxman 23 (Bom) (HC)
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