Re: regarding filing of application under VSV schem

Assessing officer had passed the order in the month of October-2019 and we have filed appeal before the CIT on 22.02.2020 through online. And due to not available of some documents for filing of condonation of delay we have not filed physically before the CIT. Now my query is whether I can file declaration application under section 3 of VSV Act, 2020 and can I avail the benefits of the VSV scheme?

One may to find  out when the assessment order was received by the. As the appeal was  filed on 22-02 2020 , it is desirable to file an application for condonation of delay  by filing an affidavit and explanation for condonation of delay  Once delay is condoned , the appeal relates back the due date of filing of  an appeal .  Accordingly the assessee can avail the  benefit of the scheme. The assessee should approach the  CIT (A) with the request to take up the matter for an  early hearing of application for condonation of delay . In case CIT (A) rejects the application for condonation of delay , the assessee should file an appeal before Tribunal and request for early hearing of the appeal . The Tribunal will take up the application  for early hearing . Once the Tribunal decides the issue of condonation of   delay and send the matter to CIT (A) to decide the matter on merits , the assessee can avail the benefit of the scheme . 

 

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