Appeal Dismissed, Assessee Granted Liberty to Restore

The Tribunal dismissed the appeal as withdrawn, granting the assessee liberty to restore the appeal if the VSVS declaration was not accepted by the Revenue.

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Issues:
1. Appeal against order of Learned Commissioner of Income Tax (Appeals) for A.Y. 2008-09.
2. Assessee's application under Vivad Se Vishwas Scheme and pending Form 3 from Revenue.
3. Interpretation of provisions of Direct Tax Vivad Se Vishwas Act, 2020.
4. Liberty given to assessee to restore appeal if declaration under VSVS is rejected.

Issue 1: Appeal against CIT(A) Order
The appeal was filed by the assessee against the order of the Learned Commissioner of Income Tax (Appeals) for the Assessment Year 2008-09. During the hearing, the assessee's counsel informed the Tribunal about the assessee's participation in the Vivad Se Vishwas Scheme and the submission of necessary forms. The Tribunal noted that since the assessee opted for settlement under the VSVS, keeping the appeal pending would serve no purpose.

Issue 2: Vivad Se Vishwas Scheme Application
The assessee had filed an application under the Vivad Se Vishwas Scheme and was awaiting Form 3 from the Revenue. The Tribunal considered the submission made by the assessee's counsel regarding the application under the VSVS. The Tribunal referred to a similar case from the Madras High Court where the appellant intended to avail the VSVS benefits. The Court highlighted the provisions of the Act, emphasizing the declaration filing process, payment procedures, and immunity from penalties. The Tribunal directed the assessee to file Form No. 1 within a specified timeline and instructed the competent authority to process the application promptly.

Issue 3: Interpretation of Direct Tax Vivad Se Vishwas Act, 2020
The Tribunal analyzed the provisions of the Direct Tax Vivad Se Vishwas Act, 2020, which aimed to resolve tax disputes pending at various levels. The Act provided declarants with an option to settle tax arrears, defining disputed tax and outlining the procedures for filing declarations. The Tribunal highlighted provisions related to pending appeals, time and manner of payment, immunity from penalties, and cases where the Act would not be applicable.

Issue 4: Liberty to Restore Appeal
Following the decision of the Madras High Court, the Tribunal disposed of the appeal with liberty given to the assessee to file a miscellaneous application in case the VSVS declaration was not accepted by the Revenue. The Tribunal allowed the appeal to be restored for adjudication on merits if the assessee's declaration under the VSVS was rejected. The Tribunal clarified that no application for condonation of delay would be required if the restoration application was delayed due to delayed communication of the VSVS outcome.

In conclusion, the Tribunal dismissed the appeal as withdrawn, granting the assessee liberty to restore the appeal if the VSVS declaration was not accepted by the Revenue. The decision was pronounced in a virtual court session on 18.03.2021.

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