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2017 (9) TMI 846 - AT - Income TaxPenalty u/s 271(1)(c) - unexplained cash credit under section 68 - benefit of Direct Tax Dispute Resolution Scheme, 2016 and Pr. CIT, Noida has issued certificate in favour of assessee - Held that:- The assessee has filed copies of sections 202 and 203 of the Direct Tax Dispute Resolution Scheme, 2016 and explained that the above Scheme will supersede the provisions contained under the Income Tax Act on filing the declaration and accepted by the Designated Authority. The Rule also provides for deeming withdrawal of the appeals when declaration is filed in specified Form and accepted by the Designated Authority. 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 CIT(A) shall be deemed to have been withdrawn.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. The assessee also did not make request to withdraw appeal. The matter therefore, requires reconsideration at the level of the Ld. CIT(A). Accordingly, set aside the order of the Ld. CIT(A) and restore the appeal of assessee to his file with a direction to re-decide the appeal of the assessee considering the objections of the assessee now raised before the Tribunal. Assessee is directed to cooperate with the Ld. CIT(A) for finalization of the matter. Ld. CIT(A) shall give reasonable, sufficient opportunity of being heard to the assessee and A.O. Appeal of assessee is allowed for statistical purposes.
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