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TMI BlogCentral Government notifies directions giving effect to the Faceless Appeal Scheme, 2020X X X X Extracts X X X X X X X X Extracts X X X X ..... any one Regional Faceless Appeal Centre through an automated allocation system; (ii) where the appellant has filed the appeal after the expiration of time specified in sub-section (2) of section 249 of the Act, the appeal unit may, - (a) in case, it is satisfied that the appellant had sufficient cause for not filing the appeal within the said time, admit the appeal; or (b) in any other case, reject the appeal, under intimation to the National Faceless Appeal Centre; (iii) where the appellant has applied for exemption from the operation of clause (b) of sub-section (4) of section 249 of the Act, the appeal unit may, - (a) admit the appeal and exempt the appellant from the operation of provisions of said clause for any good and sufficient reason to be recorded in writing; or (b) in any other case, reject the appeal, under intimation to the National Faceless Appeal Centre; (iv) the National Faceless Appeal Centre shall intimate the admission or rejection of appeal, as the case may be, to the appellant; (v) where the appeal is admitted, - (a) the appeal unit may request the National Faceless Appeal Centre to obtain such further information, document or evidence fr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... all send the additional ground of appeal to the 1[National Faceless Assessment Centre] or the Assessing Officer, as the case may be, for providing comments, if any, and to the appeal unit; (b) the 1[National Faceless Assessment Centre] or the Assessing Officer, as the case may be, shall furnish their comments, within the date and time specified or such extended date and time as may be allowed on the basis of an application made in this behalf, to the National Faceless Appeal Centre; (c) where comments are filed by the 1[National Faceless Assessment Centre] or the Assessing Officer, as the case may be, the National Faceless Appeal Centre shall send such comments to the appeal unit, and where no such comments are filed, inform the appeal unit; (d) the appeal unit shall, after taking into consideration the comments, if any, received from the 1[National Faceless Assessment Centre] or the Assessing Officer, as the case may be, - i. if it is satisfied that the omission of additional ground from the form of appeal was not wilful or unreasonable, admit such ground; or ii. in any other case, not admit the additional ground, for reasons to be recorded in writing and intimate the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the 1[National Faceless Assessment Centre] or the Assessing Officer, as the case may be, within the date and time specified therein to examine such evidence or to cross-examine such witness, as may be produced by the appellant, or to produce any evidence or document, or any witness in rebuttal of the evidence or witness produced by the appellant, and to furnish a report thereof, and send such notice to the National Faceless Appeal Centre; (b) the National Faceless Appeal Centre shall serve the notice, as referred to in sub-clause (a), upon the 1[National Faceless Assessment Centre] or the Assessing Officer, as the case may be; (c) the 1[National Faceless Assessment Centre] or the Assessing Officer, as the case may be, shall furnish the report, as referred to in sub-clause (a), to the National Faceless Appeal Centre, within the date and time specified, or such extended date and time as may be allowed on the basis of an application made in this behalf, by the National Faceless Appeal Centre; (d) the National Faceless Appeal Centre shall send the report furnished by the 1[National Faceless Assessment Centre] or the Assessing Officer, as the case may be, to the appeal unit or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he appeal unit shall, after taking into account all the relevant material available on the record, including the response filed, if any, by the appellant or any other person, as the case may be, or report furnished by the 1[National Faceless Assessment Centre] or the Assessing Officer, as the case may be, and after considering any matter arising out of the proceedings in which the order appealed against was passed, notwithstanding that such matter was not raised in the appeal, - (a) prepare in writing, a draft order in accordance with the provisions of section 251 of the Act; and (b) send such order to the National Faceless Appeal Centre along with the details of the penalty proceedings, if any, to be initiated therein; (xix) the National Faceless Appeal Centre shall upon receipt of the draft order, as referred to in sub-clause (a) of clause (xviii), - (a) where the aggregate amount of tax, penalty, interest or fee, including surcharge and cess, payable in respect of issues disputed in appeal, is more than a specified amount, as referred to in clause (x) of paragraph 13 of the said Scheme, send the draft order to an appeal unit, other than the appeal unit which prepared suc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mmissioner or Principal Commissioner or Commissioner as per sub-section (7) of section 250 of the Act; (c) communicate such order to the 1[National Faceless Assessment Centre] or the Assessing Officer, as the case may be, for such action as may be required under the Act; (d) where initiation of penalty has been recommended in the order, serve a notice on the appellant calling upon him to show cause as to why penalty should not be imposed upon him under the relevant provisions of the Act; (2) Notwithstanding anything contained in sub-paragraph (1), the Principal Chief Commissioner or the Principal Director General, in charge of National Faceless Appeal Centre, may at any stage of the appellate proceedings, if considered necessary, transfer, by an order, the appeal with the prior approval of the Board to such Commissioner (Appeals) as may be specified in the order. B. (1) A person shall not be required to appear either personally or through authorised representative in connection with any proceedings under the said Scheme before the income-tax authority at the National Faceless Appeal Centre or Regional Faceless Appeal Centre or appeal unit set up under the said Scheme. (2) Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ) by the Income Tax Appellate Tribunal or High Court or Supreme Court, the National Faceless Appeal Centre shall pass the order in accordance with the provisions of the said Scheme.". 2. The provisions of section 140 and section 282A of the Act shall apply to appellate proceedings in accordance with the said Scheme subject to the following, exceptions, modifications and adaptations, namely: - "an electronic record shall be authenticated by the-- (i) National Faceless Appeal Centre by affixing its digital signature; (ii) the appellant or any other person, by affixing his digital signature if he is required under the Rules to furnish his return of income under digital signature, and in any other case by affixing his digital signature or under electronic verification code. Explanation. - For the purpose of this paragraph, "electronic verification code" shall have the same meaning as referred to in rule 12 of the Rules." 3. The provisions of section 154 and section 155 of the Act shall apply to the order passed in accordance with the said Scheme subject to the following exceptions, modifications and adaptations, namely:- "(1)With a view to rectifying any mistake apparent fro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Appeal Centre. (7) Where a response, as referred to in sub-paragraph (6), is filed by the appellant or any other person, as the case may be, or the 1[National Faceless Assessment Centre] or the Assessing Officer, as the case may be, the National Faceless Appeal Centre shall send such response to the appeal unit, or where no such response is filed, inform the appeal unit. (8) The appeal unit shall, after taking into consideration the application and response, if any, filed by the appellant or any other person, as the case may be, or the 1[National Faceless Assessment Centre] or the Assessing Officer, as the case may be, prepare a draft order, - (a) for rectification of mistake; or (b) for rejection of application for rectification, citing reasons thereof; and send the order to the National Faceless Appeal Centre. (9) The National Faceless Appeal Centre shall upon receipt of draft order, as referred to in sub-paragraph (8), pass an order as per such draft and communicate such order, - (a) to the appellant or any other person, as the case may be; and (b) to the 1[National Faceless Assessment Centre] or the Assessing Officer, as the case may be, for such action as may be r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nal Faceless Assessment Centre] or the Assessing Officer for such action as may be required under the Act." 5. The provisions of section 282, section 283 and section 284 of the Act shall apply to the said Scheme subject to the following exceptions, modifications and adaptations, namely: - "A. (1) Every notice or order or any other electronic communication under the said Scheme shall be delivered to the addressee, being the appellant, by way of,- (a) placing an authenticated copy thereof in the appellant's registered account; or (b) sending an authenticated copy thereof to the registered email address of the appellant or his authorised representative; or (c) uploading an authenticated copy on the appellant's Mobile App; and followed by a real time alert. (2) Every notice or order or any other electronic communication under the said Scheme shall be delivered to the addressee, being any other person, by sending an authenticated copy thereof to the registered email address of such person, followed by a real time alert. (3) The appellant shall file his response to any notice or order or any other electronic communication, under the said Scheme, through his registered account, an ..... X X X X Extracts X X X X X X X X Extracts X X X X
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