TMI Blog2020 (11) TMI 142X X X X Extracts X X X X X X X X Extracts X X X X ..... f the Parliament received the assent of the President on 17th March 2020 and published in the Gazette of India on 17th March 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 Hon'ble Supreme Court of India. The assessee is given liberty to restore this appeal in the event the ultimate decision to be taken on the declaration to be filed by the assessee under Section 4 of the said Act is not in favour of the assessee. If such a prayer is made, the Registry shall entertain the prayer without insisting upon any application to be filed f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... essee was not engaged in any business activity and such bifurcation made without any rationale? 2. Whether the Tribunal has erred in not following the decision of Jurisdictional High Court in assessee's own case for the AY 2001-02; 2004-05; 2005-06; 2007-08 and 2008-09 when facts were identical and SLP against such orders dismissed by the Apex Court and whether, as a result, the order under reference has turned perverse both on facts as well as in law? 2. We have heard Mr.Karthik Ranganathan, learned Senior counsel appearing for the appellant/Revenue and Mr.Sriram, learned counsel for the respondent/assessee. 3. The learned counsel for the respondent / assessee, on instructions, submitted that the respondent / assessee inte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion 3 states that in case, where an Appeal or Writ Petition or Special Leave Petition is filed by the Income Tax authority on any issue before the Appellate Forum, the amount payable shall be one-half of the amount in the table stipulated in Section 3 calculated on such issue, in such a manner as may be prescribed. The second proviso deals with the cases, where the matter is before the Commissioner (Appeals) or before the Dispute Resolution Panel. The third proviso deals with cases, where the issue is pending before the Income Tax Appellate Tribunal. The filing of the declaration is as per Section 4 of the Act and the particulars to be furnished are also mentioned in the Sub Sections of Section 4. Section 5 of the Act deals with the time an ..... X X X X Extracts X X X X X X X X Extracts X X X X
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