9911796707
TMI Blog2024 (2) TMI 1550X X X X Extracts X X X X X X X X Extracts X X X X ..... y Mr. D.K. Bankoti, learned counsel. For the Respondent : Mr. Hari Mohan Bhatia, learned counsel. JUDGMENT : PER MS. RITU BAHRI, C.J. The appellant has come up in this appeal against the judgment of the learned Single Judge dated 17.05.2022, whereby his application to consider his case under the Direct Taxes Vivad se Viswas Act, 2020 has been rejected. The Government of India vide its Gazette ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ase an appeal or a writ petition or special leave petition has been filed either by him or by the income-tax authority or by both, before an appellate forum and such appeal or petition is pending as on the specified date; (ii) a person in whose case an order has been passed by the Assessing Officer, or an order has been passed by the Commissioner (Appeals) or the Income Tax Appellate Tribunal in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... all intents and purposes the cause of action to file an appeal arose on 10.07.2020. Hence, after 10.07.2020, the appellant could have made an application under Act No.03 of 2020, and his case could not have been rejected on the ground that he had made an application on 02.05.2020 under the said Act. Even, if he had made an application to take the benefit of that scheme, the said application was n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... order was already passed Annexure No.11, the appellant had no other option but to approach this Court. His only remedy was to approach this Court against the order dated 02.05.2020. 7. This petition itself be treated as an application after the certified copy was filed by the appellant, and the appeal is being allowed giving directions to the respondent to consider the application dated 02.05.202 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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