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TMI Blog2021 (4) TMI 166X X X X Extracts X X X X X X X X Extracts X X X X ..... for any remedy in Form No. 2 to the designated Authority and has also received Form 3. In some cases, form No. 1 and 2 has been filed and awaiting form No. 3 from the designated authority and in some cases, the assessee's have expressed their willingness to file form No. 1 and 2 and settle their dispute under the scheme. Therefore, once the assessee's intend to file a declaration in Form No. 1 along with undertaking and expressed their willingness to settle pending disputes regarding direct taxes, then there is no point in keeping appeal filed by the assessee's. We, further noted that recently the Hon'ble Jurisdictional High Court of Madras has considered an identical application filed by an assessee in the case of M/s. N ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hennai of even dated 30.12.2016/30.05.2019 for respective assessment years. 2. We find that appeal filed by assessees in ITA No. 585/Chny/2020 at Sr. No. 1 is barred by limitation for which necessary petition for condonation of delay along with affidavit explaining the reasons for the delay has been filed. The learned counsel submitted that assessee could not file appeal within the time allowed under the Act, therefore delay may be condoned. Having heard both sides and considered the petition filed by the assessee for condonation of delay, we are of the considered view that reasons given by assessee for not filing the appeal within the time allowed under the Act comes under reasonable cause as provided under the Act for condonation of de ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n and undertaking. The Scheme has also specified the amount of taxes, interest, and penalty, if any payable under the Act. If an assessee filed a declaration and pay specified taxes as per the scheme and withdraw the appeal pending before the appellate authorities, the Designated Authority shall pass an order in Form 5 confirming payment made under the scheme and grant immunity from penalty and prosecution. 5. In these present appeals, some assessee's have filed declaration in Form No. 1 along with undertaking waiving rights for any remedy in Form No. 2 to the designated Authority and has also received Form 3. In some cases, form No. 1 and 2 has been filed and awaiting form No. 3 from the designated authority and in some cases, the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and in this regard, the assessee is taking steps to file the application/declaration in Form No. 1. 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 be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dings in respect of offence and imposition of penalty in certain cases. 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 l ..... X X X X Extracts X X X X X X X X Extracts X X X X
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