DIRECT TAX VIVAD SE VISHWAS ACT, 2020

Section 5

Time and manner of payment - Form 3 not issued by competent authority - Dismissal of appeal filed by revenue with liberty to file miscellaneous application in case Form 3 did not get issued -

Against appeal filed by revenue, case of assessee-company was that it opted to settle dispute relating to tax arrears for relevant assessment years under Direct Tax Vivad Se Vishwas Act, 2020. It was contended that Designated Authority did not grant the certificate in Form 3 under section 5 of the Direct Tax Vivad Se Vishwas Act, 2020 accepting the said declaration and determining the tax arrears to be paid by the assessee. Therefore, assessee pleaded for adjournment of appeal to a later date, and further pleaded that appeals would be withdrawn once declaration filed under Direct Tax Vivad Se Vishwas Act, 2020 was accepted. Held: Appeals filed by revenue were dismissed with liberty to file Miscellaneous Application for recalling the order if Form No. 3 of Direct Tax Vivad Se Vishwas Act, 2020 was not issued to the assessee. As regards assessee's cross-objection, it was held that since revenue's appeal was dismissed, cross-objection filed by assessee became infructuous and dismissed as such with liberty to file Miscellaneous Application for recalling the order, in case Miscellaneous Application was filed by revenue.

REFERRED :

FAVOUR : Directions issued.

A.Y. : 1998-99 & 1999-2000

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