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All the applications of the petitioner including application for condonation of delay and application for restoration of appeal shall be heard as soon as possible and disposed of in accordance with law by respondent no.3 latest by 24/3/2020, if the petitioner deposits with respondent no.2 an amount of rupees twenty-five lakhs latest by 23/3/2020. If any amount is determined to be in excess of the amount liable to be assessed to the petitioner under the scheme, same shall be refunded to the petitioner. The auction sale shall stand deferred for a period of eight weeks from the date of order.

Direct Tax Vivad Se Vishwas Act, 2020 - Vivad Se Vishwas — The grievance of the petitioner is that due to pendency of its application for restoration of the appeal, it is being deprived of the benefit that it expects to receive under the Direct Tax Vivad Se Vishwas Act, 2020, which provides scheme for waiving of certain amount of tax of the eligible assesees. The last date for submission of application under the said Act of 2020 is 31/3/2020 and what is coming in the way of the petitioner is pendency of its application for restoration of appeal and also the appeal itself. The petitioner further submits that if the appeal of petitioner is restored well in time, the petitioner would withdraw the appeal and immediately apply for availing of the benefits of the scheme framed under the said Act of 2020 before the last date 31/3/2020 expires. Writ petition is disposed of holding “All the applications of the petitioner including application for condonation of delay and application for restoration of appeal shall be heard as soon as possible and disposed of in accordance with law by respondent no.3 latest by 24/3/2020, if the petitioner deposits with respondent no.2 an amount of rupees twenty-five lakhs latest by 23/3/2020. If any amount is determined to be in excess of the amount liable to be assessed to the petitioner under the scheme, same shall be refunded to the petitioner. The auction sale shall stand deferred for a period of eight weeks from the date of order”. - DARYAPUR SHETKARI SAHAKARI GINNING AND PRESSING FACTORY V/s ASSTT. CIT - [2020] 23 ITCD Online 102 (BOM)
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