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| The Tax Publishers2020 TaxPub(DT) 4633 (Mad-HC) DIRECT TAX VIVAD SE VISHWAS SCHEME, 2020
Section
Where assessee intended to avail benefit of “Direct Tax Vivad Se Vishwas Scheme” to settle the disputes arising out of instant appeal and in that regard, the assessee was taking steps to file application / declaration in Form No. I, 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.
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Settlement of disputes - Direct Tax Vivad Se Vishwas Scheme, 2020 - Declaration filed under scheme - Benefit of
Revenue filed an appeal before High Court. It was submitted on behalf of assessee that the assessee intended to avail benefit of “Direct Tax Vivad Se Vishwas Scheme” to settle the disputes arising out of instant appeal and in that regard, the assessee was taking steps to file application / declaration in Form No. 1. Held: In view of the submission made on behalf of assessee, the assessee was directed to file Form No. 1 and the competent authority was directed to process the application / declaration in accordance with the Act and pass appropriate orders as expeditiously as possible preferably within a period of six weeks from the date on which the declaration would be filed in the proper form. Thus, there was no need to keep the instant 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 Scheme” would not be in his favour.
REFERRED :
FAVOUR : Appeal dismissed
A.Y. :
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