ASTEC LIFE SCIENCES LTD,MUMBAI vs. DCIT 2(1)(1), MUMBAI

Before us, the leaned Counsel for the assessee by way of letter dated 30th November 2020 submitted that the assessee is in the process of filing the declaration as required under The Direct Tax Vivad

We have heard the rival submissions and perused the material on record. The Hon’ble Madras High Court in order dated 16.10.2020 in case of M/s. Nannusamy Mohan (HUF) v/s ACIT, TCA no.372/2020, has disposed off the appeal filed by the assessee with a direction to file application under Vivad Se Vishwas Scheme. Further, the Hon’ble Madras High Court has observed that in the event the declaration filed by the assessee under the Vivad Se Vishwas Scheme is not in favour of the assessee, it will be open to the assessee to seek restoration of the appeal and on such prayer of the assessee, the Registry will not insist upon filing any application for condonation of delay. In view of the aforesaid decision of the Hon’ble Madras High Court, we are inclined to dismiss the present appeal keeping in view the fact that the assessee intends to settle the dispute raised in the present appeal under Vivad Se Vishwas Act,2020. However, we make it clear, in the event of non–acceptance of assessee’s declaration under Vivad Se Vishwas Scheme, the assessee would be at liberty to file a miscellaneous application seeking recall of this order. It is further made clear, the Registry should not insist upon filing any application seeking condonation of delay if there is any delay in filing the miscellaneous application.

In the result, appeal is dismissed with aforementioned liberty. Order pronounced in the open court on 01.12.2020.