TMI Blog2021 (4) TMI 440X X X X Extracts X X X X X X X X Extracts X X X X ..... ed by it before the due date of the scheme in operation or in the event of the department not accepting the application 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 in view of the decision - With these observations this appeal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ) of the Direct Tax Vivad Se Vishwas Act, 2020 on 29th December, 2020; a copy whereof is enclosed herewith for the sake of your easy reference. [Annexure A B ] Kindly note that the appellant has been amalgamated with M/s. Trio Jewels Pvt. Ltd. vide Order of the Hon. NCLT dated 16th June, 2020 w.e.f. 1st April, 2018 and accordingly, a declaration under VSVS has been filed in the name of M/s. Trio Jewels Pvt. Ltd. (Transferee Company) 3. In view of the very fact that the appellant has opted for VSVS in respect of the captioned appeal, in the course of the hearing, Your Honours have informed the appellant that the captioned appeal is being disposed off as dismissed. Accordingly, we humbly request Your Honours to mention in the Order ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nsidering all the grounds raised in Cross Objection, viz. (1) claim of exemption in respect of sale of agricultural land (2) claim of deduction by way of cost inflation Index and cost of plot of land purchased in computing deduction u/s. 54F of Income Tax Act? 2. Whether on the facts and circumstances of the case, the Income Tax Appellate Tribunal was right in law in upholding the disallowance of cost of improvement in providing Modern Kitchen in the flats purchased? 2. We have heard Mr. M.P. Senthil Kumar, learned counsel appearing for the appellant/assessee and Mr. T.R. Senthil Kumar, learned Senior Standing counsel and M/s. K.G. Usha Rani, learned counsel for the respondent/Revenue. 3. The learned counsel for the appellan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ned in terms of Section 3(a-c) thereunder. 6. The First Proviso to Section 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 i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng for Vivad se Vishwas scheme as contemplated by it before the due date of the scheme in operation or in the event of the department not accepting the application 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 in view of the de ..... X X X X Extracts X X X X X X X X Extracts X X X X
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