2021 (9) TMI 1008

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... 26, 2021 passed by respondent no.2 rejecting petitioner's application /declaration/ undertaking filed under the provisions of Direct Tax Vivad Se Vishwas Act, 2020 ('VSV' Act). 2. Petitioner had filed its original return of income tax for Assessment Year 2017-18 on October 30, 2017 declaring total income at loss of Rs. 23,92,61,385/-. Petitioner's case was selected for scrutiny and respondent no.1 passed an assessment order dated December 19, 2019 under Section 144 of the Income Tax Act, 1961 (the 'Act'). Aggrieved by this assessment order, petitioner filed an appeal before respondent no.3 under Section 246A of the Act on February 6, 2020. Mr.Singh stated that the time limit for filing the appeal under Section 24....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....e petition has been filed either by himself or by income tax authority or by both, before an appellate forum and such appeal or petition is pending as on the specified date is entitled to make a declaration under the Act. The specified date under Section 2(1)(a)(n) of the VSV Act is January 31, 2020. The time to file declaration/undertaking under VSV Act was January 31, 2021. Petitioner has admittedly made its declaration in Form 1 on January 21, 2021, i.e., within the prescribed period. 6. The Central Board of Direct Taxes issued a Circular dated December 4, 2020 in which question 59 and answer thereto reads as under :- "Q.59. Whether the taxpayer in whose case the time limit for filing of appeal has expired before 31st Jan 202....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ourt, therefore, held that the appeal would be pending as soon as it is filed and up until such time it is adjudicated upon and a decision is taken qua the same. We respectfully agree with the view expressed by the Division Bench in Shyam Sunder Sethi (supra). 8. In the case at hand, the time limit to file appeal expired on January 18, 2020, and the condonation of delay application was filed on February 6, 2020, before December 4, 2020, the date of the Circular, the appeal would be pending as required under the VSV Act. In any event, the Commissioner of Income Tax (Appeals) himself has addressed a letter dated January 20, 2021 asking the petitioner to furnish ground-wise submissions on the grounds of appeal if petitioner was not opting f....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....e order under section 144 of the Income-tax Act, 1961 passed by CIRCLE 13(2)(2), MUMBAI vide DIN No. 1022695634(1) on 19/12/2019 for the Assessment Year 2017-18. What you need to do? If you want to opt for Vivad Se Vishwas Scheme 2020, please go to e-filing portal by following the path mentioned below: INC INCONS OR If you have already applied for Vivad Se Vishwas Scheme 2020, this communication is issued to expedite the settlement of appeal in your VSVS case. In order to have proper linking of relevant documents in the electronic appeal docket for future reference it is requested that you may upload your request for withdrawal of appeal through your registered e-filing account (and provide the Appeal No.....