TaxTMI 
TaxTMI 
2023 (5) TMI 998
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.... this appeal, the assessee has raised following grounds: - "1. In the facts and circumstances of the case and in law, the Id. CIT(A) has erred in considering that the assessee disputed all the additions made by Id. AO in appeal and, accordingly, settled all the additions in Vivad se Vishwas Scheme. The action of the Id. CIT-(A) is illegal, unjustified, arbitrary and against the facts of the case. Appropriate relief may please be granted. 2. In the facts and circumstances of the case and in law, the Id. CIT(A) has erred in considering that penalty amounting to Rs. 4,23,226 was also eligible to be settled under Vivad se Vishwas Scheme. The action of the Id. CIT(A) is illegal, unjustified, arbitrary and against the facts of the case. Appro....
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....ng Officer during the assessment proceedings seen that the assessee in computation of income had claimed long term capital loss for Rs. 14,10,754/- in respect of a shop in Sunny Mart. In fact, the assessee shown sale consideration of Rs. 29,04,223/- towards the shop in Sunny Mart and claimed indexed cost at Rs. 43,14,977/-, this way she computed long term capital loss of Rs. 14,10,754/- (43,14,977 - 29,04,223) and mentioned in the ITR. The assessee during the proceedings vide her letter dated 06.06.2016 submitted that "Further to say in respect of capital gain there was transaction of Rs. 29,04,223.00 of Property at Shop No. 6, Sunny Mart, Jaipur has been shown erroneously as the deal was cancellation and whole amount paid in advance receiv....
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....eproduced here in below: "6. As per the Direct Tax Vivid Se Vishwas Rules, the prescribed form for the purpose of Section 5(1) of DTVSV, 2020 is Form No. 3. The appellant has been issued Form No. 5 (Order for full and final settlement of tax arrears under section 5(2) read with section 6 of the Direct Tax Vivad Se Vishwas Act, 2020 (3 of 2020) the Direct Tax Vivad Se Vishwas Rules, 2020) on 13/10/2021 by the Pr. Commissioner of Income Tax, Mumbai-17. As mentioned above, Form No. 3 has been issued by the Designated Authority on 19/01/2021. Hence, in view of the provisions of Section 4(2) read with Section 5(2) of DTVSV, 2020 this appeal is deemed to have been withdrawn on 27/02/2021." 5. The assessee has also preferred an appeal against t....
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.... i.e. just first issue [PB 1-2]. The appeal of the assessee was dismissed and disallowance was confirmed [PB 3-15]. Thereafter, the assessee filed second appeal before Hon'ble ITAT and challenged the order of Hon'ble CIT(A). Again the assessee challenged disallowance of deduction u/s 54 of Rs. 7,48,979 i.e. just first issue [PB 16-18] Pending disposal of ITAT appeal, Vivad se Vishwas Scheme was announced. As per the scheme if appeal of the assessee was pending before ITAT as on 31.01.2020 the assessee was eligible to opt for the scheme. The assessee decided to opt into the scheme. As per the provisions of section 2(o) of DTVSV Act tax arrear means: (i) The aggregate amount of disputed tax, interest chargeable or charged on such disp....
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....3-34]. Since there was no date specified upto which reply was to be filed the assessee did not furnish any reply under a belief that another notice shall be issued. However, on 24.11.2022 directly an order was issued in the case of the assessee. Without providing assessee an opportunity of being heard the appeal of the assessee was deemed to be withdrawn stating that the assessee filed declaration under DTVSV Act. It is submitted that appeal for first issue stands withdrawn and assessee wishes to contest the second issue in appeal. The assessee never submitted that she has opted for entire penalty order under DTVSV Act in the appellate proceedings. Hence, the order passed u/s 250 by ld. CIT(A) is erroneous. The assessee may please b....
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....ooking to the concern of the assesses as prudent tax payer she has moved this appeal so as to ensure that if the revenue proceeded against here for recovery of the demand related to the addition which is not settled under the VSVS then she should get a chance to represent her case on merits. As the assessee being bonafide tax payer acted based on the advice of the consultant. The bench noted that the appellant was serious and interested in prosecuting the appeal in as much as she had already engaged tax consultant and made the payment of the filling of fees of appeal before the first appellate authority, she should get an equal chance to represent her case on merits before the ld. CIT(A). As the order of the ld. CIT(A) considered that the w....