TaxTMI 
TaxTMI 
2021 (4) TMI 440
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....for Vivad Se Vishwas Scheme and filed declaration 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 appe....
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....is awaited from the Revenue. In view of the submission of the Ld. Counsel for the assessee since assessee has opted 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 Yea....
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....ion 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 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....
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.... 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 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 prope....