9911796707
TMI Blog2020 (10) TMI 1157X X X X Extracts X X X X X X X X Extracts X X X X ..... n order dated 16.03.2016 passed by the Income Tax Appellate Tribunal, Chennai, 'D' Bench ('the Tribunal' for brevity) in I.T.A.Nos.1959, 1960 & 1961/Mds/2014 for the Assessment Years 2006-07, 2007-08 & 2008-09 respectively. The appeals were admitted on 12.11.2018 on the following Substantial Questions of Law: "i. When once the eligible business of the assessee is given, the benefit of deduction under Section 80IB of the Act on the assessee satisfying the conditions mentioned in Sub-Section(2) of the said Section 80IB of the Act, can the assessee be denied the benefit of the deduction on the ground that during the said 10 consequent years, it ceases to be a small scale industry? And ii. Whether the Appellate Tribunal is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... med 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. 6. 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 the High Court or before the Hon'ble Supreme Court of India. Under Section 2(j) "disputed tax" has been defined. In terms of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... berty to restore these appeals 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 applications to be filed for condonation of delay in restoration of these appeals and on such request made by the assessee by filing a Miscellaneous Petitions for Restoration, the Registry shall place such petition before the Division Bench for orders. 9. In the light of the above, We direct the appellant / assessee to file the Form No.I on or before 09.11.2020 and the competent authority shall process the application / declaration in accordance with the Act an ..... X X X X Extracts X X X X X X X X Extracts X X X X
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