The Tax Publishers2021 TaxPub(DT) 0229 (Mad-HC) : (2021) 277 TAXMAN 0312

INCOME TAX ACT, 1961

Section 260A Section 4

Where assessee intended to avail benefit of Vivad Se Vishwas Scheme, it was to be permitted to file declaration under section 4 Direct Tax Vivad Se Vishwas Act, 2020, in Form No. 1 and competent authority shall process the application/declaration in accordance with the Act and pass appropriate orders as expeditiously as possible.

Appeal (High Court) - Assessee intended to avail benefit of Vivad Se Vishwas Scheme - -

Assessee intended to avail the benefit of Vivad Se Vishwas Scheme and in this regard, assessee was taking steps to file application/declaration in Form No. 1. Government of India enacted the Direct Tax Vivad Se Vishwas Act, 2020 (Act 3 of 2020) to provide for resolution of disputed tax and for matters connected therewith or incidental thereto. Assessee was given an option to put an end to the tax disputes, which might be pending at different levels either before the FAA or before the Tribunal or before the High Court or before Supreme Court of India. In terms of section 3, where a declarant who files a declaration under section 4 on or before the last date files a declaration to the designated authority in accordance with the provisions of section 4 in respect of tax arrears, then, notwithstanding anything contained in the IT Act or any other law for the time being in force, the amount payable by the declarant shall be determined in terms of section 3(a-c) thereunder. Held: As observed, assessee was given liberty to restore this appeal in the event the ultimate decision to be taken on the declaration to be filed by the assessee under section 4 of the said Act was not in favour of the assessee. If such a prayer is made, the Registry shall entertain the prayer without insisting upon any application to be filed for condonation of delay in restoration of the appeal and on such request made by the assessee by filing a Miscellaneous Petition for Restoration, Registry shall place such petition before the Division Bench for orders. Assessee was directed to file Form No. 1 and the competent authority shall process the application/declaration in accordance with the Act and pass appropriate orders as expeditiously as possible.

REFERRED :

FAVOUR : Directions issued.

A.Y. : 2012-13



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