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Query asked by Uday on February 17, 2021

Re: Notice u/s 250 received thrice despite full submission

Form 4 filled on Jan 6, 2021 and still awaiting form 5. Received 3 separate notices u/s 250 from CIT(A) National faceless appeal centre asking to upload request for withdrawal of appeal, appeal no. form 1, 3 & 5 (if issued). First two times submitted as requested in time without form 5 as not yet issued and hence unable to understand why once again third time same notice is received.

What to do now ? How to seek clarification on what they want as submitted everything earlier as requested ? And all this delaying form 5 issuance. Thanks

As per section 5 of VSV Act, 2020 and Rule 7 of VSV Rules, 2020, there is no prescribed time period within which the Designated Authority has to issue Form 5 i.e. Order of full and final settlement. 

 

Further, as per section 4(2) of VSV Act, 2020, Appeal before the CIT(A) is deemed to be withdrawn when certificate under section 5(1) of VSV Act, i.e., Form 3, is issued

 

Therefore, it is advisable to intimate the National Faceless Appeal Centre about receipt of Form 3 and payment made in Form 4. Please refer Circular No 9 of 2020 dated 22-4-2020 Q. No 43 . and answer , where the assessee has made request for withdrawal   and such request is under process , proof of request made shall be enclosed . It is the designated  Authority has to issue the certificate .   Further, if certain hesitation persists, it is advisable to approach the designated authority for further clarifications.


 

2 comments on “Notice u/s 250 received thrice despite full submission
  1. Uday says:

    Form 4 filled on Jan 6, 2021 and still awaiting form 5. Received 4 separate notices u/s 250 from CIT(A) National faceless appeal centre asking to upload request for withdrawal of appeal, appeal no. form 1, 3 & 5 (if issued), which I submitted each time. Now in the fourth notice , in the annexure, they have requested only form 5, which I already replied to earlier notices that it is not yet issued to me and will again reply to them accordingly.

    Now whom (which specific designated authority) to follow up for form no.5 ? What will happen if it is not issued till March end or late as there is no time limit for them ?
    Thanks

  2. Bal Kishan Taneja says:

    In reply of notice u/s 250 from I.T. Deptt. I made submissions alongwith supporting documents in Feb.,21. Now again I have received the same notice but unable to submit my reply alongwith supporting document as new e-portal is not showing e-proceedings. How I can submit my reply with reference to above notice in the stipulated time period in absence of e-proceedings on new portal.

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