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Query asked by Manojit Ghosh on April 22, 2020

Re: Unable to fill Schedule B VSV Form as Appeal not filed till now

CIT(A)-14 passed order on 29.11 .2019 for partly allowed of appeal. Appeal order received on 16.03.2020. Now assessee wants to file Form-1 of DTVSV (Vivad Se Viswas). Assessee has not filed any appeal before ITAT till now though scheduled date of filing is 14.05.2020. Assessee filled Part-B of Form-1 without re ferring ITAT filing acknowledgement as n ot filed before ITAT till now. But filled the last due date of filing. But asses see is unable to fill data in Schedule-I V of Schedule-B of Form-1 as it is in hide mode. As per sec 2(I)(ii) of DTVSV Act,2020, assessee should have been allow ed to fileForm-1, though appeal has not been filed till now as scheduled date o f filing appeal before ITAT is 14.05.2020 and it is not over till now. Pleas e tell how I can file Form1 of DTVSV Sailen Paul Mobile 943309085.

Your reply received:

Our research team tried filling up a draft form with your information and we are able to fill schedule-iV of B.
While filling up the form in Part B, under the head “Details of pending appeal/writ/SLP/ DRP objections/Revision application/Arbitration/Conciliation/Mediation”, in column no.5 (If yes, filed by), please state that the appeal is filed by Assessee.

My further query for not solving problem:

You have misunderstood my query. I told that assessee has not filed appeal before ITAT till now as CIT(A)’s order was received on 15/03/2020, though order passed on 29/11/2019, and scheduled date of filing appeal before ITAT is 14/05/2020. So column No. 5 cannot be filled. I filled the due date of column 4 only as due date of filing i.e. 14/05/2020. If I say appeal is filed then Acknowledgement no. and date of filing will have to be provided which is not possible. I think Form is defective one as if I did not fill column 5 with acknowledgement number with date of filing, Schedule B is not opening for filling data and it is lying in hiding mode.
Moreover as soon as I fill ‘No’ under column No. 3, Column-5 should be in hide mode as it is in applicable.

Please advise

Please approach designated authority , they will be able to solve your problem . 


 

One comment on “Unable to fill Schedule B VSV Form as Appeal not filed till now
  1. CA SANJAY VHANBATTE says:

    On contacting the help desk the reply given by them is to choose any of the options in Column 5 even if no appeal is filed as on 31.01.2020. Once this is chosen, the forms gets validated even if further details such as acknowledgement number and date of filing appeal are not filled in.
    IMHO- Notwithstanding the stated defects in the modalities of Form 1- one can still file a valid Form, in the above manner.

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