TMI Blog2021 (4) TMI 531X X X X Extracts X X X X X X X X Extracts X X X X ..... er the scheme - HELD THAT:- Once the assessee's intend to file a declaration in Form No. 1 along with undertaking and expressed their willingness to settle pending disputes regarding direct taxes, then there is no point in keeping appeal filed by the assessee's. We, further noted that recently the Hon'ble Jurisdictional High Court of Madras has considered an identical application filed by an assessee in the case of M/s. Nannusamy Mohan (HUF) [ 2020 (11) TMI 484 - MADRAS HIGH COURT] for availing the benefit of 'Vivad se Vishwas Scheme, 2020', where the Hon'ble High Court has dismissed the appeal filed by the petitioner as withdrawn, but allowed liberty to the assessee to restore the appeal in the event the designated ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o the Assessing Officer, so as to enable to file miscellaneous application to restore the appeal. - ITA Nos. 3020 to 3028/Chny/2018 and 3060 to 3063/Chny/2018 - - - Dated:- 1-4-2021 - SHRI V.DURGA RAO , JUDICIAL MEMBER And AND SHRI G. MANJUNATHA , ACCOUNTANT MEMBER For the Appellant : Saroj Kumar Parida, Advocate and G. Johnson, Addl. CIT For the Respondents : G. Johnson, Addl. CIT and Saroj Kumar Parida, Advocate ORDER This bunch of 13 appeals filed by assessee and Revenue are directed against common order of the learned Commissioner of Income Tax (Appeals)-11, Chennai dated 06.08.2018 for respective assessment years. 2. Further, we find that appeals filed by Revenue in ITA No. 3060 to 3063/Chny/2018 at Sr. No. 10 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and after hearing both parties, we found that the Government of India has announced in the Budget, 2020, a Direct Taxes 'Vivad se Vishwas Scheme, 2020' to settle pending dispute relating to Direct Taxes at various appellate forums including the First Appellate Authority, Tribunal, High Court and Supreme Court. In this regard, the Scheme has been notified on 17th March, 2020 and became Direct Taxes 'Vivad se Vishwas Act, 2020'. As per the said Scheme, assessees are allowed to settle direct tax dispute in a manner and procedure prescribed therein by filing necessary declaration and undertaking. The Scheme has also specified the amount of taxes, interest, and penalty, if any payable under the Act. If an assessee filed a declar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... see under section 4 of the Act. The relevant portions of the observations of the Hon'ble High Court of Madras vide order dated 16.10.2020 are extracted as under:- 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 Ms. K.G. Usha Rani, learned counsel for the respondent/Revenue. 3. The learned counsel for the appellant/assessee, on instructions, submitted that the appellant/assessee intends to avail the benefit of Vivad Se Vishwas Scheme ('VVS Scheme' for brevity) and in this regard, the assessee is taking steps to file the application/declaration in Form No. 1. 4. It may not be necessary for this Court to deci ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d 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 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 applica ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... essee's as withdrawn. However, a liberty is given to the assessee's to restore the appeals, in the event of the Designated Authority, for any reason reject the application filed by the assessee under section 4 of the said Act. We, further make it clear that in a cases where the appeal is filed by the Revenue and the assessee's have for any reason opted out from the scheme or the applicants under the scheme misrepresents any facts which resulted in rejection of application filed under the scheme, then the provisions of section 4(6) of the Act, shall be applicable to all appeals and in such cases, all the proceedings and claims which were withdrawn under section 4 and all the consequences under the Income-tax Act against the decla ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
