The Tax Publishers2020 TaxPub(DT) 4659 (Mad-HC)

DIRECT TAX VIVAD SE VISHWAS ACT, 2020

Section 4

Where assessee challenged order of Tribunal and meanwhile sought to avail the benefit of Vivad Se Vishwas Scheme ('VVS Scheme') and in this regard, it took steps to file the application/declaration in Form No.I, assessee was given liberty to restore appeal in the event the ultimate decision to be taken on the declaration to be filed by the assessee under section 4 was not in its favour.

Benefit of Vivad Se Vishwas Scheme - Filing of declaration - Liberty to assessee for restoration of appeal in case declaration filed under scheme stood rejected -

Assessee challenged order of Tribunal sustaining the disallowance of expenses for earning the contract income. Before Court, assessee submitted that it intended to avail the benefit of Vivad Se Vishwas Scheme ('VVS Scheme') and in this regard, it took steps to file the application/declaration in Form No.I. Held: It may not be necessary for Court to decide the substantial questions of law framed for consideration on account of certain subsequent developments. 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. The Act of the Parliament received the assent of the President on 17-3-2020 and published in the Gazette of India on 17-3-2020. In terms of the said Act, 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. Assessee was given liberty to restore appeal in the event the ultimate decision to be taken on the declaration to be filed by the assessee under section 4 was not in favour of the assessee.

REFERRED :

FAVOUR : Direction issued.

A.Y. : 2012-13



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