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DRS, 2016 is available to cases pending before CIT(A): CBDT


Why assessees should be deprived of the benefit merely because appeal is disposed of

The CBDT clarification that appeal pending as on 29th February 2016 should also be pending as on date of filing declaration is not only against the specific provisions of the Scheme but also against the true spirit of the Scheme. The Scheme only provides that appeal should be pending as on 29th February before the CIT Appeals and not that it should also be pending as on date of declaration. This will further increase in litigation before Tribunal. Most of the assessees are not fully aware of the Scheme till date. And there was a confusion till the clarification of the CBDT vide Circular No.33 dated 12th Septemeber 2016. The CBDT clarification creates hardship to assessees who would like to settle the dispute instead of continuing the litigation before the Tribunal. Therefore the CBDT should reconsider its clarification and allow the benefit of declaration in cases where such appeals are disposed of after 1st April.

vasantirkal vasantirkal 15/09/2016

 

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