DIRECT TAX VIVAD SE VISHWAS ACT, 2020

Section 4

Direct Tax Vivad Se Vishwas Scheme - Liberty to withdraw appeal - Permission to restore if declaration under said Act is rejected -

The appellant / assessee, on instructions, submitted that the appellant / assessee intends to avail the benefit of Vivad Se Vishwas Scheme and in this regard, the assessee was taking steps to file the application/declaration in Form No. 1 and requested the appeal to be disposed of by issuing appropriate directions as done in other cases. Held: The assessee is given liberty to restore these appeals in the event the ultimate decision to be taken on the declaration to be filed by the assessee under section 4 of the Direct Tax Vivad Se Vishwas Act, 2020 is not in favour of the assessee. If such a prayer is made, the Registry shall entertain the prayer without insisting upon any applications to be filed for condonation of delay in restoration of these appeals and on such request made by the assessee by filing a Miscellaneous Petitions for Restoration, the Registry shall place such petition before the Division Bench for orders.

Followed: Dy. CIT v. ACE Multi Axes Systems Ltd. (2018) 400 ITR 41 (SC) : 2017 TaxPub(DT) 5071 (SC) and Sodecia India P. Ltd v. Dy. CIT 2016 TaxPub(DT) 2075 (Chen-Trib).

REFERRED :

FAVOUR : Against the assessee.

A.Y. : 2006-07 to 2008-09

SUBSCRIBE FOR FULL CONTENT

OR Try Reload the Page