Case Law Details
Rakesh Garg Son Vs PCIT (Rajasthan High Court)
Legislature framed the direct tax Vivad se Vishwas Scheme, 2020. It was brought into effect from 17.03.2020. This act contains provisions for settlement of pending direct tax disputes.
The petitioner was desirous of taking benefit of the said settlement scheme contained in the Act of 2020 and therefore applied before the designated authority on 09.09.2020. This application was rejected by an order dated 19.12.2020. After the delay condonation application filed by the petitioner was allowed by the tribunal he again filed an application before the designated authority on 25.02.2021 which was rejected on 22.03.2021.
It can thus be seen that the declaration of the petitioner was rejected on the ground that the CBDT circular dated 04.12.2020 does not cover his case. We are concerned with the clarification issued by the CBDT in relation to question No. 59. This question and the related answer of the CBDT reads as under:-
“Q.No.59. Whether the taxpayer in whose case the time limit for filing of appeal has expired before 31st Jan 2020 but an application for condonation of delay has been filed is eligible?
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Author Bio
Excellent judgement. It is the duty of the Government to extend the best hand and rightly said it was for the furtherance of the objective. Very positive judgement.