Re: Vivad se vishwas scheme query
In our case, CIT(A) passed order on 29/1/20 giving partial releif. Assessee didn’t filed appeal to ITAT yet due to announcement of VSVS in Budget. Now assessee is covered by the scheme. In Form-1, Schedule IV is applicable but its not being enabled as we are filling that appeal to ITAT is not filed yet. Please advise
There is no rule is prescribed for pronouncement of Order by CIT (A).You may have to verify when the order is communicated to your assesseee. Though the order is passed on 29 -1- 2020 and not communicated to the assessee , it may be presumed to be pending as on 31 -1 2020. Accordingly the querist may avail the benefit of the scheme . It is desirable to file an appeal before the ITAT. In Jagmohan Gurbakshish Singh v DCIT ( Chad)(Trib), www.itatonline.org Universal Print O Paxk v.ITO ( Chad)(Trib), www.itatonline.org the Tribunal held that The limitation period for filing a Rectification Application has to be computed from the date of “communication” of the order and not from the date of passing the order. The fact that the order was pronounced in open court is not relevant because the parties will not be aware of the mistakes therein until after perusal of the order.
Dear Sir, thanks for your reply. But is appeal required to be filed at ITAT? Will it not put an extra burden on assessee and Revenue to entertain such appeal since the same is covered under the vsvs. My concern was how to fill form -1 of vsvs as it doesn’t allow schedule once we select the option ‘Appeal is not filed’?
In Schedule B, select regarding who has filed the appeal. I.e. You may select as appeal having been filed by Assessee even though it is not actually filed. Corresponding schedule will be then enabled.