SUNIL KUMAR SIVADASAN,KODAIKANAL vs. ITO, WARD-1, DINDIGUL, DINDIGUL

Aforesaid appeal by assessee for Assessment Year (AY) 2017-18 arises out of the order of learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [CIT(A)] dated 10-01-2024 in the matter of an assessment framed by Ld. Assessing Officer [AO] u/s. 147 r.w.s 144 of the Act on 12-03-2021.

In the assessment order, Ld. AO noted that the assessee filed declaration in Form No.1 under Income Declaration Scheme-2016 (IDS) on 29-09-2019 declaring undisclosed income of Rs.4.52 Lacs. However, the assessee failed to adhere to due dates for payment of taxes payable under the scheme. Accordingly, the declaration was treated as void by appropriate authority. Considering the same, Ld. AO made addition thereof u/s 69A which would be taxable at special rate of 60% u/s 115BBE. The Ld. CIT(A) confirmed the action of Ld. AO against which the assessee is in further appeal before us. 3. It has been brought to the notice that the assessee has preferred petition u/s 119(2)(b) before Hon’ble CBDT on 11-06-2024 requesting for condonation of delay in payment in IDS-2016. The same is pending for disposal and the same would have material bearing on the impugned assessment. Considering the same, we restore the appeal back to the file of Ld. CIT(A) to await the outcome of the above petition. If the petition is not accepted, Ld. CIT(A) may consider granting of credit of taxes paid by the assessee under the scheme in accordance with law. 4. The appeal stand allowed for statistical purposes. Order pronounced on 18th June, 2024 Sd/- Sd/- (MANU KUMAR GIRI) (MANOJ KUMAR AGGARWAL) �ाियक सद4 / JUDICIAL MEMBER लेखा सद4 / ACCOUNTANT MEMBER चे5ई Chennai; िदनांक Dated :18-06-2024 DS आदेशकीNितिलिपअ/ेिषत/Copy of the Order forwarded to : 1. अपीलाथ�/Appellant 2. � थ�/Respondent 3. आयकरआयु>/CIT, Madurai . 4. िवभागीय�ितिनिध/DR 5. गाडCफाईल/GF