2023 (12) TMI 504

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....ar Ahmad,Gaurav Mahajan,Krishna Agarawal ORDER 1. Heard learned counsel for the petitioner and Sri Krishna Agarawal, learned counsel for the revenue. 2. Present appeal has been filed against the order dated 24.12.2020 passed by the Designated Authority under The Direct Tax Vivaad Se Vishwas, Act, 2020 (hereinafter referred to as 'the Act'). 3. Undisputedely, for the assessment year 201....

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.... to take benefit of the Act. The petitioner is not looking to litigate the matter with the revenue authorities. It seeks an amicable settlement in terms of the Act. Insofar as it is the stated policy of the Union to prefer settlement over litigation, indulgence may be granted to allow the petitioner's application/ declaration for settlement, filed on 24.12.2020 to be entertained on merits. The....

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.... offer any interference. In the first place, settlement of disputes outside courts/ judicial process is not a fundamental or inherent right of any litigant. That right was created by the statute i.e. the Act. Being a statutory right, the same may have been availed strictly in accordance with the statutory conditions and further inasmuch as it was a stipulation that the application/ declaration may....