AI Drafter 
TaxTMI 
TaxTMI 
2023 (5) TMI 998
X X X X Extracts X X X X
X X X X Extracts X X X X
.... Act, by ITO, Ward-1(4), Jaipur. 2. In 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, unjustif....
X X X X Extracts X X X X
X X X X Extracts X X X X
....IA for Rs. 1,10,000/- it has shown total income of Rs. 2,79,142/-. The Assessing 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 er....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ld CIT(A). A propose to the grounds so raised the finding of the ld. CIT(A) is reproduced 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....
X X X X Extracts X X X X
X X X X Extracts X X X X
....the assessee filed appeal before Hon'ble CIT(A). The assessee challenged disallowance of deduction u/s 54 of Rs. 7,48,979 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 pro....
X X X X Extracts X X X X
X X X X Extracts X X X X
....wanted to submit for deletion of such penalty. The assessee was issued just one notice dated 07.11.2022 providing that the window for CIT(A) for penalty appeal has been enabled [PB 33-34]. 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. ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....rawn our attention that she has filed an application for rectification of order passed u/s. 250 of the Act dated 24.11.2022 vide her application dated 28.03.2023 (APB page 37). Since the said application is not attended and looking 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 m....