Re: Order passed by CIT (A) in May, 2020.

Can I still go for Vivad se Vishwas scheme when the CIT (A) has passed the order in May, 2020. Appeal was filed in 2015.

Since the Appeal was pending with CIT(A) on the designated date, i.e., 31-01-2020.

Kindly clarify.

If the CIT (A) has passed the ex parte order without giving an opportunity of hearing , the assessee should file an  rectification application before the CIT(A) to rectify the order . The assessee can also file an appeal to Tribunal on the grounds of violation of principle of natural justice and make an application for an early hearing of appeal .If the Tribunal set aside the appeal to CIT (A) to decide the appeal on merits giving an opportunity of hearing the assessee  can avail the benefit of the scheme.  One has to consider whether the  assessee has given an intimation to the CIT (A) in writing that the assessee  is desirous of  availing the benefit of the scheme still the  order was passed by the CIT (A) one may approach the High Court by  way of writ petition . 

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