The Tax PublishersTax Case Appeal No. 396 of 2020
2020 TaxPub(DT) 5274 (Mad-HC)

INCOME TAX ACT, 1961

Section Section 4

Where assessee already filed a declaration/undertaking under the Vivad Se Vishwas Scheme to settle the disputes arising out of instant appeal, 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.

Vivad Se Vishwas Scheme - Benefit of - Settlement of dispute - Declaration filed by assessee

Revenue filed an appeal before High Court. During the course of hearing, it was submitted on behalf of assessee that the assessee already filed a declaration/undertaking under the Vivad Se Vishwas Scheme to settle the disputes arising out of instant appeal and was awaiting orders to be passed in Form No.3. Held: Since assessee already filed a declaration/undertaking under the Vivad Se Vishwas Scheme to settle the disputes arising out of instant appeal, thus, there was no need to keep such appeal pending before High Court and hence, the said appeal was dismissed by the High Court. Further, the Revenue was directed to process the application/declaration in accordance with the Direct Tax Vivad Se Vishwas Act, 2020 (Act No. 3 of 2020) and pass appropriate orders as expeditiously as possible. Furthermore, the assessee was given liberty to get the appeal restored in the event the ultimate decision to be taken on the declaration filed by it under the Vivad Se Vishwas Scheme would not be in her favour.

REFERRED :

FAVOUR : Appeal dismissed

A.Y. :



IN THE MADRAS HIGH COURT

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