The Mumbai bench of the Income Tax Appellate Tribunal (ITAT) has ruled that a chartered accountant or advocate cannot verify Form 35A, which is used to file objections to a draft assessment order under the Dispute Resolution Panel (DRP) scheme, and held that the verification of Form 35A is a personal statement by the assessee that what is stated in the form is true to the best of their knowledge and belief. A chartered accountant or advocate cannot make such a statement on behalf of the assessee.
The assessee, Bridge India Fund, filed objections to a draft assessment order under the Dispute Resolution Panel (DRP) scheme. The objections were submitted by the chartered accountant acting as the assessee’s authorized agent. The complaints were rejected by the Dispute Resolution Panel (DRP) as unmaintainable since the assessee had not validated them. To the Income Tax Appellate Tribunal (ITAT), the assessee filed an appeal.
The assessee argued that a chartered accountant or advocate can verify Form 35A on their behalf, claiming it is a technical matter and they are more qualified. They also argued that the DRP violated natural justice principles by dismissing objections without allowing the assessee to address the verification issue.
The Revenue argued that a chartered accountant or advocate cannot verify Form 35A on behalf of the assessee, as it is a personal statement of the assessee’s knowledge and belief. They also argued that the DRP did not violate natural justice principles by dismissing objections without giving the assessee an opportunity to address the verification issue.
The Tribunal observed that a chartered accountant or advocate cannot verify Form 35A, as it is a personal statement by the assessee that is true to the best of their knowledge and belief. The tribunal also found that the DRP did not violate natural justice principles by dismissing objections without giving the assessee an opportunity to address the verification issue. The assessee had been given a fair opportunity to file objections and did not take advantage of it.
The Two member bench comprising Rahul Chaudhary (Judicial Member) and Prashant Maharishi (Accountant Member) held that a chartered accountant or advocate cannot verify Form 35A, which is used to file objections to a draft assessment order under the Dispute Resolution Panel (DRP) scheme. The Tribunal held that the verification of Form 35A is a personal statement by the assessee that what is stated in the form is true to the best of their knowledge and belief. A chartered accountant or advocate cannot make such a statement on behalf of the assessee.
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