TaxTMI 
TaxTMI 
2021 (4) TMI 531
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.... order of the learned Commissioner of Income Tax (Appeals)-11, Chennai dated 06.08.2018 for respective assessment years. 2. Further, we find that appeals filed by Revenue in ITA No. 3060 to 3063/Chny/2018 at Sr. No. 10 to 13 are 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 DR submitted that department could not file appeals within the time allowed under the Act, therefore delay may be condoned. Having heard both sides and considered the petition filed by the Revenue for condonation of delay, we are of the considered view that reasons given by Revenue for not filing the appeals within the time allowed under the Act come under ....
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....and procedure prescribed therein by filing necessary declaration 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 ....
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.... Se Vishwas Scheme ('VVS Scheme' for brevity) 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, wh....
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....deals with Immunity from initiation of proceedings 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 D....