INCOME TAX ACT, 1961

Section 260A

Appeal (High Court) - Withdrawal thereof - Liberty to assessee to restore the appeal -

In terms of the Direct Tax Vivad Se Vishwas Act, 2020 the assessee has been given an option to put an end to the tax disputes, which may be pending at different levels either before the First Appellate Authority or before the Tribunal or before the High Court or before the Supreme Court of India. The assessee has already filed the declaration under section 4 of the Act on 25-9-2020 and has also remitted the tax in terms of the computation to be done under the said Act and they are awaiting the orders from the Department. Held: The assessee has already availed the benefit under the Act, no useful purpose would be served in keeping this appeal pending. At the same time, safeguarding the interest of the assessee in the event the order to be passed by the Department under the Act is not in favour of the assessee. Accordingly, the Tax Case Appeal stands disposed of on the ground that the assessee has already filed a declaration and remitted the tax and the Department shall process the application at the earliest in accordance with the said Act and communicate the decision to the assessee at the earliest. As observed, the assessee is given liberty to restore this appeal in the event the ultimate decision to be taken on the declaration filed by the assessee under section 4 of the said Act is 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, the Registry shall place such petition before the Division Bench for orders.

REFERRED : Mukundan Vijayan v. ITO [ITA. No.639/Mds./2017, dt. 22-11-2017].

FAVOUR : Directions issued.

A.Y. : 2007-08

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