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2021 (2) TMI 1015 - AT - Income TaxBenefit of Vivad Se Vishwas Scheme ('VVS Scheme') - Substantial Questions of Law framed for consideration on account of certain subsequent developments - Option to appeal in case application for settlement is rejected - HELD THAT - As relying on M/S. NANNUSAMY MOHAN (HUF) case. 2020 (11) TMI 484 - MADRAS HIGH COURT the appeal is disposed off accordingly, with liberty to the assessee to file a miscellaneous application, in the event of either the assessee not opting 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.
Issues:
Appeal against order of CIT(A) for A.Y. 2009-10; Application under Vivad-Se-Vishwas Scheme; Substantial Questions of Law framed for consideration; Direct Tax Vivad Se Vishwas Act, 2020; Restoration of appeal if declaration not accepted under VVS scheme. Analysis: The appeal was filed against the order of the Learned Commissioner of Income Tax (Appeals)-29, Mumbai for the Assessment Year 2009-10. The assessee, through its Authorized Representative, submitted a letter stating that they had filed an application under the Vivad-Se-Vishwas Scheme and were awaiting Form 3 from the Revenue. The Tribunal noted that since the assessee opted for settlement under the scheme, keeping the appeal pending would serve no purpose. In a separate judgment by the Hon'ble Madras High Court, the court considered Substantial Questions of Law related to the Income Tax Appellate Tribunal's decision in a specific case. The court highlighted the provisions of the Direct Tax Vivad Se Vishwas Act, 2020, which allows taxpayers to resolve disputed tax matters. The Act provides options for declarants to settle tax disputes pending at various levels, offering immunity from proceedings in certain cases. The court directed the appellant/assessee to file Form No. I under the VVS Scheme by a specified date. It emphasized the importance of processing the application in accordance with the Act and issuing orders expeditiously. The judgment granted liberty to the assessee to restore the appeal if the decision on the declaration filed under the Act was not favorable. The Registry was instructed to entertain restoration requests without delay if necessary. Following the decision of the Hon'ble Madras High Court, the Tribunal disposed of the appeal accordingly, allowing the assessee to file a miscellaneous application in case of non-opting or non-acceptance of the VVS scheme declaration. The judgment clarified the process for restoring the appeal in case of rejection of the declaration by the Revenue, ensuring no delay in restoration due to delayed communication of scheme outcomes. Ultimately, the appeal was dismissed as withdrawn, with the option for restoration based on specific conditions. In conclusion, the Tribunal's judgment highlighted the significance of the VVS Scheme in resolving tax disputes, providing a structured process for declarants and ensuring timely resolution of appeals based on scheme outcomes and declarations filed by taxpayers.
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