TMI Blog2020 (11) TMI 910X X X X Extracts X X X X X X X X Extracts X X X X ..... at the earliest in accordance with the said Act and communicate the decision to the assessee at the earliest. As observed, the assessee is given liberty to restore this appeal in the event the ultimate decision to be taken on the declaration 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 for condonation of delay in restoration of the appeal 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. - T.C.A.No.359 of 2020 - - - Dated:- 5-11-2020 - Honourable Mr. Justice T. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tc., which exercise had already been done by the Assessing Officer and SEBI? And 3. Is not the finding of the Tribunal perverse especially when the decision of the Tribunal is contrary to the time tested principle that the person, who asserts a fact has to discharge the initial burden cast upon him to show that the said facts are true and only thereafter the burden would shift to the department? 2. We have heard Mr.T.Ravikumar, learned Senior Standing counsel for the appellant/Revenue and Mr.Ashokpathi, learned counsel for M/s.Pass Associates for the the respondent/assessee. 3. It may not be necessary for this Court to decide the Substantial Questions of Law framed for consideration on account of certain subsequent developments ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 and manner of the payment and Section 6 deals with Immunity from initiation of proceedings in respect of offence and imposition of penalty in certain cases. Section 9 of the Act deals with cases, where the Act 3 of 2020 will not be applicable. 6. We are informed by the learned counsel for the respondent/assessee that the assessee has already f ..... X X X X Extracts X X X X X X X X Extracts X X X X
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