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2021 (4) TMI 698 - HC - Income TaxDirect Tax Vivad Se Vishwas Act, 2020 (Act 3 of 2020) - HELD THAT - We are informed by the learned counsel for the respondent/ assessee that the assessee has already filed the requisite Forms 1 2 on 29.01.2021, in all the three Tax Case Appeals, under Section 4 of the Act. In the light of the fact that the assessee has already availed the benefit under the Act, no useful purpose would be served in keeping this appeal pending. At the same time, safeguarding the interest of the assessee in the event the order to be passed by the Department under the Act is not in favour of the assessee. Accordingly, the Tax Case Appeal stands disposed of on the ground that the assessee has already filed the requisite Forms 1 2 and the Department shall process the application at the earliest in accordance with the said Act and communicate the decision to the assessee at the earliest. As observed, the assessee is given liberty to restore this appeal in the event the ultimate decision to be taken on the declaration 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.
Issues:
1. Allowability of provision for rebate debited by the assessee in computation of book profits and under normal provisions. 2. Adjustment of provision for rebate in computing book profit under Section 115JB. 3. Allowability of provision for rebate as a deduction in computing income under normal provisions. 4. Accrual of income to the assessee on raising of invoice despite provision for rebate. Analysis: Issue 1: The High Court considered the appeals filed by the Revenue challenging the Tribunal's order regarding the allowability of the provision for rebate debited by the assessee. The Court framed substantial questions of law related to the treatment of this provision in the computation of book profits and under normal provisions of the Income Tax Act, 1961. However, due to subsequent developments, specifically the enactment of the Direct Tax Vivad Se Vishwas Act, 2020, the Court found it unnecessary to decide these questions. The respondent had already filed the required forms under the Act, leading the Court to dispose of the appeal with the understanding that the Department would process the application and communicate the decision to the assessee promptly. Issue 2: Regarding the adjustment of the provision for rebate in computing book profit under Section 115JB, the Court did not delve into this issue due to the assessee availing benefits under the Direct Tax Vivad Se Vishwas Act, 2020. The Court emphasized that no useful purpose would be served by keeping the appeal pending as long as the assessee had fulfilled the requirements under the Act. The Court granted the assessee the liberty to restore the appeal if the Department's decision under the Act was unfavorable, without requiring any application for condonation of delay in restoration. Issue 3: The question of whether the provision for rebate debited by the assessee should be allowed as a deduction in computing income under normal provisions was also left unanswered by the Court. The disposal of the appeal was based on the fact that the assessee had already taken steps under the Direct Tax Vivad Se Vishwas Act, 2020, and the Court ensured that the Department would process the application promptly. Issue 4: Lastly, the Court did not address the issue of whether income had accrued to the assessee on raising invoices despite the provision for rebate. The disposal of the appeal was primarily guided by the fact that the assessee had complied with the requirements of the Direct Tax Vivad Se Vishwas Act, 2020, and the Court provided the assessee with the liberty to restore the appeal if needed in the future. In conclusion, the High Court's judgment focused on the impact of the Direct Tax Vivad Se Vishwas Act, 2020, on the pending appeals, leading to the disposal of the case without a detailed examination of the substantial questions of law framed in the appeals.
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