TMI Blog2021 (4) TMI 532X X X X Extracts X X X X X X X X Extracts X X X X ..... eals filed by the assessee's as withdrawn.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. - I.T.A. Nos. 1166 & 1167/Chny/2018 - - - Dated:- 1-4-2021 - V. Durga Rao, Member (J) And G. Manjunatha, Member (A) For the Appellant : N. Arjunraj, C.A. For the Respondents : Suresh Periasamy, JCIT ORDER Per G. Manjunatha, AM These two appeals filed by the assessee are directed against common order passed by the learned Commissioner of Income Tax (Appeals)-17, Chennai dated 01.02.2018 for respective assessment years. 2. We have heard the counsels for the asses ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ecified taxes as per the scheme and withdraw the appeal pending before the appellate authorities, the Designated Authority shall pass an order in Form 5 confirming payment made under the scheme and grant immunity from penalty and prosecution. 4. In these present appeals, some assessee's have filed declaration in Form No. 1 along with undertaking waiving rights for any remedy in Form No. 2 to the designated Authority and has also received Form 3. In some cases, form no 1 and 2 has been filed and awaiting form no. 3 from the designated authority and in some cases, the assessee's have expressed their willingness to file form no. 1 and 2 and settle their dispute under the scheme. Therefore, once the assessee's intend to file a de ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al Questions of Law framed for consideration on account of certain subsequent developments. The Government of India enacted the Direct Tax Vivad Se Vishwas Act, 2020 (Act 3 of 2020) to provide for resolution of disputed tax and for matters connected therewith or incidental thereto. The Act of the Parliament 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... observed, 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 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. 1 on or before 20.11.2020 and the competent authority shall process the application/declaration i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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