TMI Blog2021 (2) TMI 1015X X X X Extracts X X X X X X X X Extracts X X X X ..... ation made by the assessee under the said scheme, the appeal of the assessee shall be recalled by the Tribunal and restored for adjudication on merits. It is further made clear that if the assessee seeks to restore the appeal in the event of assessee's declaration made under Vivaad se Vishwas scheme is not accepted by the Revenue, the Registry shall not insist for filing of application for condonation of delay, if the Miscellaneous Application for recalling the order is filed beyond time on account of delayed communication of outcome under Vivaad se Vishwas scheme. - ITA No. 1700/MUM/2019 - - - Dated:- 12-2-2021 - C. N. Prasad , Member ( J ) For the Petitioner : None For the Respondents : Sreenivasa Raghvan ORDER ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... m the Revenue. Thus, since assessee has opted to settle litigation under Vivad se Vishwas scheme no purpose would serve keeping the appeal pending. 4. The Hon'ble Madras High Court in the case of M/s. Nannusamy Mohan (HUF) v. ACIT in T.C.A. No. 372 of 2020 dated 16.10.2020 on an appeal by the assessee u/s. 260A of the Act, held as under:- This appeal has been filed by the assessee under Section 260A of the Income Tax Act, 1961 ('the Act' for brevity), challenging the order dated 03.12.2018 passed by the Income Tax Appellate Tribunal, Chennai, 'A' Bench ('the Tribunal' for brevity) in I.T.A. No. 2576/CHNY/2017 for the Assessment Year 2011-12. The appeal is admitted on the following Substantial Questions of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arliament received the assent of the President on 17th March 2020 and published in the Gazette of India on 17th March 2020. 5. 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. Under Section 2(j) disputed tax has been defined. In terms of Section 3, where a declarant means a person, who files a declaration under Section 4 on or before the last date files a declaration to the designated authority in accordance with the provisions of Section 4 in respect of tax arrears, then, notwithstanding anything contain ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nsisting 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. 8. In the light of the above, We direct the appellant/assessee to file the Form No. I on or before 20.11.2020 and the competent authority shall process the application/declaration in accordance with the Act and pass appropriate orders as expeditiously as possible preferably within a period of six (6) weeks from the date on which the declaration is filed in the proper form. 5. Following the above decision of the Hon'ble Madras High Court, the appeal is disposed off a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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