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TMI Blog2020 (10) TMI 1117X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. 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 Restorati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the reassessment and in the appeal proceeding before CIT (Appeal) and use such material as the sole ground for upholding the jurisdiction and that too contrary to proviso to s.147 and assuming perversely the role which even the Assessing Officer cannot assume in the light of reasons recorded? (ii) Whether on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal was perverse in law in admitting material for the first time in second appeal stage to justify the reasons for reopening the assessment, which was not cited as material not disclosed by the appellant, in the reason for reopening, AO s correspondence with Appellant nor in the Reassessment Order? (iii) Whether on the facts and in the circumstances ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Tax Appellate Tribunal was right in law in holding that there was no change of opinion even though the reopening of assessment was merely based on the Partition Deed which was available even at the time of scrutiny assessment? Interest u/s.234B:- (vii) Whether on the facts and in the circumstances of the case the Income Tax Appellate Tribunal was right in law in upholding the levy of interest u/s.234B(3) of the Income Tax Act, 1961, in the reopened assessment for the first time? (viii) Whether on the facts and in the circumstances of the case the Income Tax Appellate Tribunal was right in law in not holding that once the Assessing Officer gives credit for the advance tax paid against the tax demand in the original assessme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ication / declaration in Form No.I. 4. It may not be necessary for this Court to decide the Substantial 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s. Section 9 of the Act deals with cases, where the Act 3 of 2020 will not be applicable. 7. As 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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