The Tax Publishers2020 TaxPub(DT) 4981 (Mad-HC)

DIRECT TAX VIVAD SE VISHWAS ACT, 2020

Section 4

Where assessee already filed a declaration under section 4 of Direct Tax Vivad Se Vishwas Act, 2020 ” to settle the disputes arising out of instant appeal, thus, there was no need to keep such appeal pending before High Court and hence, the said appeal was rightly dismissed by the High Court.

Vivad Se Vishwas Scheme - Benefit of - Settlement of dispute - Declaration filed by assessee

Revenue filed an appeal before High Court. During course of hearing, it was submitted on behalf of assessee that the assessee already filed a declaration under section 4 of Direct Tax Vivad Se Vishwas Act, 2020 ” to settle the disputes arising out of the said appeal. Held: Since assessee already filed a declaration under section 4 of Direct Tax Vivad Se Vishwas Act, 2020 ” to settle the disputes arising out of instant appeal, thus, there was no need to keep such appeal pending before High Court and hence, the said appeal was dismissed by the High Court. Further, in order to safeguard the interest of the assessee, he was given liberty to get the appeal restored in the event the ultimate decision to be taken on the declaration filed by the assessee under Direct Tax Vivad Se Vishwas Act, 2020” would not be in his favour.

REFERRED :

FAVOUR : Appeal dismissed.

A.Y. : 2014-15



IN THE MADRAS HIGH COURT

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