2020 (10) TMI 1124 - AT - Income Tax

Benefit of Vivad Se Vishwas Scheme ('VVS Scheme') - Right of the revenue - Disposal of appeal since application has been filed by the assessee but Designated Authority has not accepted the declaration till date - HELD THAT - Although the Declaration in Form 1 in accordance with Section 4 has been filed by the assessee company, however, the Designated Authority has not yet granted the Certificate in Form 3 under Section 5 of the Direct Tax Vivad Se Vishwas Act, 2020 accepting the said declaration and determining the tax arrears to be paid by the assessee. Assessee s counsel has further mentioned in her letter dated 19.10.2020 that the captioned appeals would be withdrawn once the Designated Authority accepts the declaration filed by the assessee issues Form 3 under section 5 of the Direct Tax Vivad Se Vishwas Act, 2020. Appeals of the Revenue should be disposed of with the liberty to the Department that if the Department does not issue Form No. 3 to the Assessee, then the Department is at liberty to file a Miscellaneous Application for recalling this order - Both the Appeals filed by the Revenue are dismissed with liberty to file Misc. Application for recalling the order if Form No. 3 of the Direct Tax Vivad Se Vishwas Act, 2020 is not issued to the Assessee.

Issues:
1. Appeals by the Revenue against separate orders of the Ld. CIT(A) - XIV for A.Ys 1998-99 & 1999-2000.
2. Assessee opting to settle tax arrears under the Direct Tax Vivad Se Vishwas Act, 2020.
3. Request for adjournment until Designated Authority issues Certificate in Form 3.
4. Disposal of Revenue's appeals and Assessee's Cross Objection.

Analysis:
1. The appeals by the Revenue were preferred against separate orders of the Ld. CIT(A) - XIV for A.Ys 1998-99 & 1999-2000. During the hearing, the Assessee's representative informed that the company opted to settle the tax arrears under the Direct Tax Vivad Se Vishwas Act, 2020. The Designated Authority had not yet issued the Certificate in Form 3, which led to a request for an adjournment.

2. The Assessee's representative reiterated that the company had filed the Declaration in Form 1 as per Section 4 of the Direct Tax Vivad Se Vishwas Act, 2020. However, the Designated Authority had not granted the Certificate in Form 3 under Section 5, which determines the tax arrears to be paid. The representative stated that the appeals would be withdrawn once the Designated Authority accepts the declaration and issues Form 3.

3. After hearing both parties and considering the facts, the Tribunal decided to dismiss the Appeals filed by the Revenue. The Tribunal granted liberty to the Department to file a Miscellaneous Application if Form No. 3 is not issued to the Assessee under the Direct Tax Vivad Se Vishwas Act, 2020. The dismissal was subject to the condition that the Department can file a Misc. Application for recalling the order if Form No. 3 is not issued.

4. Regarding the Assessee's Cross Objection, since the Revenue's Appeal was dismissed, the Cross Objection became infructuous and was also dismissed. The Assessee was given liberty to file a Misc. Application for recalling the order if the Department files a Misc. Application. Consequently, both the Revenue Appeals and the Assessee's Cross Objection were dismissed.

This detailed analysis covers the issues involved in the judgment comprehensively, outlining the proceedings and decisions made by the Tribunal regarding the appeals and settlement under the Direct Tax Vivad Se Vishwas Act, 2020.

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