Re: Form 5 not received
I had filed form 1 and 2 under the scheme vivad se vishwas on 19th Oct 2020 and case was approved and payment was requested to be paid before the due date. The payment was made on 16th April 2021 and form 4 was also submitted along with the payment acknowledgment. Till date of query I’m still awaiting for form 5 from CIT.
The appeal filed is still open do I need to withdraw the same or will it be deemed withdrawn?
And what time do I need to wait for closure of case under vivad se vishwas and appeal.
The Appellant will get the form No 5 in due course of time . As regards pendency of appeal before CIT (A) is concerned it will be treated as deemed to be withdrawn . Please refer Circular No 9 dt 22-4 2020 , Q. no 43 and answer given by CBDT Ans.: Under the amended procedure no appeal is required to be withdrawn before grant of certificate by DA. After grant of certificate by DA under section 5 the appellant is required to with draw the appeal ----. On receipt of Form No 5 the Appellant may inform the Office of the CIT (A) to pass a consequential order in view of the Form No 5 received under the Scheme . In the mean time the Appellant can make an request to Designated Authority to issue the form No 5 at the earliest .
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