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TMI Blog2021 (4) TMI 440X X X X Extracts X X X X X X X X Extracts X X X X ..... ation and undertaking in Form-1 to settle the litigation and Form 3 is awaited from the Revenue. Further, Ld. Counsel for the assessee filed a letter dated 18th March, 2021 submitted as under: Re: C.G. International Private Limited (the appellant) (Now amalgamated with M/s. Trio Jewels Pvt. Ltd.) PAN: AAACC4505B Appeal No: 5664/Mum/2011 Assessment Year 2008-09 Hearing held today i.e. 18th March. 2021. 1. We refer to the hearing of the above appeal petition held today i.e. 18th March, 2021. In this context, under instructions from the appellant, we submit as under: 2. In the course of the hearing, it was submitted that the appellant has opted for Vivad Se Vishwas Scheme, 2020 (VSVS) in respect of the captioned appeal and acco ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to settle litigation under Vivad Se Vishwas Scheme no purpose would serve keeping the appeal pending. 4. The Hon'ble Madras High Court in the case of M/s. Nannusamy Mohan (HUF) v. ACIT in T.C.A. No. 372 of 2020 dated 16.10.2020 on an appeal by the assessee u/s. 260A of the Act, held as under:- "This appeal has been filed by the assessee under Section 260A of the Income Tax Act, 1961 ('the Act' for brevity), challenging the order dated 03.12.2018 passed by the Income Tax Appellate Tribunal, Chennai, 'A' Bench ('the Tribunal' for brevity) in I.T.A. No. 2576/CHNY/2017 for the Assessment Year 2011-12. The appeal is admitted on the following Substantial Questions of Law: "1. Whether on the facts and circumstances ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 the High Court or before the Hon'ble Supreme Court of India. Under Section 2(j) "disputed tax" has been defined. In terms of Section 3, where a declarant means a person, who files a declaration under Section 4 on or before the last date files a declaration to the designated authority in accordance with the provisions of Section 4 in respect of tax arrears, then, notwithstanding anything contained in the Income Tax Act or any other law for the time being in forc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oration 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. 1 on or before 20.11.2020 and the competent authority shall process the application/declaration in accordance with the Act and pass appropriate orders as expeditiously as possible preferably within a period of six (6) weeks from the date on which the declaration is filed in the proper form." 5. Following the above decision of the Hon'ble Madras High Court, this appeal is disposed off accordingly, with liberty to the assessee to file a miscellaneous application, i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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