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TMI Blog2022 (2) TMI 985X X X X Extracts X X X X X X X X Extracts X X X X ..... same Order of ITAT, Petitioner does not have a choice only to offer to settle the Appeal filed by Petitioner but Petitioner has to settle both the Appeals - HELD THAT:- It is clear from the answer to Question No. 40 that Petitioner has an option to settle only the Appeal filed by Petitioner or Appeal filed by the department or both. Only requirement is that the declaration form has to be filed Assessment Year wise and for different Assessment Years separate declarations have to be filed. This is further clarified in the answer because it states the declarant in the declaration Form No.1 needs to specify whether he wants to settle his appeal, or department s appeal or both for a particular assessment year . Therefore, option is available to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... OF 2021 WITH WRIT PETITION NO. 1519 OF 2021 WITH WRIT PETITION NO. 1537 OF 2021 - - - Dated:- 25-8-2021 - K.R. SHRIRAM ABHAY AHUJA, JJ ORAL JUDGMENT : (PER K.R. SHRIRAM, J.) 1. In view of the short issue involved and since pleadings are completed, Court decided to dispose the Petition at the Admission stage itself. 2. One Nagraj Bhansali carries on business in the name of Rishab Steel House (Petitioner). Petitioner decided to take advantage of the Direct Tax Vivad se Vishwas Act, 2020 (DTVSV Act) to put an end to an Appeal which Petitioner had filed relating to Assessment Year 2006-2007 that was pending in this Court. Petitioner, therefore, filed its form No.1 being a declaration and undertaking under the DTVSV Act. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tment in its Affidavit-in-Reply has clarified they had erroneously calculated 62.5% of the disputed tax considering Petitioner s case as a search case whereas later realized that it is not a search case and it should be calculated only at 50%, in light of the order passed by this Court in the case of Bhupendra H. Mehta V/s PCIT-19, Mumbai and Others dated 27/04/2021. This clarification, if we may say so, does not satisfy the Petitioner s case because according to Petitioner, Petitioner had filed a declaration to settle only the dispute in the Appeal filed by Petitioner and not the Appeal filed by the Department. In the Affidavit-in-Reply, according to Respondent, if a declarant wishes to avail the benefit of DTVSV Act and if there is mo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r from the answer to Question No. 40 that Petitioner has an option to settle only the Appeal filed by Petitioner or Appeal filed by the department or both. Only requirement is that the declaration form has to be filed Assessment Year wise and for different Assessment Years separate declarations have to be filed. This is further clarified in the answer because it states the declarant in the declaration Form No.1 needs to specify whether he wants to settle his appeal, or department s appeal or both for a particular assessment year . Therefore, option is available to the declarant to decide which matter the declarant wants to settle. Nowhere does the Circular mention or even indicate the interpretation given in the Affidavit-in-Reply to the Q ..... X X X X Extracts X X X X X X X X Extracts X X X X
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