DIRECT TAX VIVAD SE VISHWAS ACT, 2020

Section 4

Filing of declaration and particulars to be furnished - Benefit of Vivad Se Vishwas Scheme (VVS Scheme) - Instructions issued in relation to grant of liberty to assessee to restore appeals -

Assessee intended to avail benefit of Vivad Se Vishwas Scheme (VVS Scheme) and in that regard, assessee pleaded that it took steps to file the application/declaration in Form No. I. Assessee sought consideration in his case on account of certain subsequent developments. Held: It was found that assessee was given liberty to restore appeals in the event, the ultimate decision to be taken on the declaration to be filed by the assessee under section 4 of Direct Tax Vivad Se Vishwas Act, 2020, was not in favour of the assessee. If such a prayer was made, the registry shall entertain the prayer without insisting upon any application to be filed for condonation of delay in restoration of the appeals 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. Assessee was directed to file the Form No. I not later than stipulated date and competent authority shall process application/declaration in accordance with the Act and pass appropriate orders as expeditiously as possible. Substantial questions of law were kept open.

REFERRED : Pallavaram Kothandaraman v. Asstt. CIT [M.P. No. 53/Mds/2013 [in ITA No. 1808/Mds/ 2011], dt. 20-8-2013].

FAVOUR : Instruction issued.

A.Y. : 2008-09

SUBSCRIBE FOR FULL CONTENT