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TMI Blog2017 (9) TMI 846X X X X Extracts X X X X X X X X Extracts X X X X ..... ed cash credit under section 68 of the I.T. Act, 1961, as the assessee could not explain the genuineness of the gifts received by him. The A.O. vide separate order levied penalty under section 271(1)(c) of the I.T. Act, 1961. The assessee challenged the penalty order before Ld. CIT(A). The assessee however, did not appear before the Ld. CIT(A) to prosecute the appeal. 3. The Ld. CIT(A) in the absence of the assessee considering the material on record noted that before considering the merits of the case or the lack of the same, it is necessary to consider the peculiar legal issue which has arisen in this case without there being any fault on the part of the assessee and which is solely because of the confusion created by the Finance Act, 20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ground of the above legal position has bonafidely approached the Pr. CIT, Noida for availing the benefits of Direct Tax Dispute Resolution Scheme, 2016 and the Ld. Pr. CIT, Noida has issued certificate in Form-5, Under Rule-6 of the Direct Tax Dispute Resolution Scheme, 2016, certifying that the assessee had paid an amount of Rs. 5,50,750 being 25% of the amount of the penalty imposed by the A.O, though, the pending appeals was neither withdrawn by assessee nor was permitted to be withdrawn by the undersigned. The Ld. CIT(A) also noted that assessee has not made any application for withdrawal of the appeal. Therefore, appeal is decided with the presumption that though the assessee has not made specific request for withdrawal of the appeal i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... solution Scheme, 2016 "Where declaration is in respect of tax arrear, consequent to such declaration, the appeal in respect of the disputed income, disputed wealth and tax arrear pending before the CIT(A) or Commissioner of Wealth Tax (A) as the case may be shall be deemed to have withdrawn". Sub-Rule(5) of Rule 203 of the Direct Tax Dispute Resolution Scheme, 2016 also provides that "no Appellate Authority or Arbitrator, Conciliator or mediator shall proceed to decide any issue relating to the specified tax mentioned in the declaration and in respect of which an order had been made under sub-section (1) of section 204 by the designated authority or the payment of the sum determined under that section". Learned Counsel for the Assessee ther ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rity. The Scheme also provides that no Appellate Authority shall decide the appeal on any issue relating to the specified tax mentioned in the declaration and in respect of which an order has been made under section 204 by the Designated Authority or the payment of same determined under that Section. The assessee, therefore, explained that these special Scheme would prevail the provisions of Income Tax Act and the appeal pending before Ld. CIT(A) shall be deemed to have been withdrawn. However, these submissions have not been made by the assessee before the Ld. CIT(A) and assessee did not appear before Ld. CIT(A) to appraise him of all the relevant provisions of the special Scheme enacted by the Direct Tax Dispute Resolution Scheme, 2016. T ..... X X X X Extracts X X X X X X X X Extracts X X X X
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