An appeal would be “pending” in the context of Section 2 (1) (a) of the VSV Act when it is first filed, till its disposal

IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 03.03.2021
W.P.(C) 2291/2021 and CM APPL. 6677/2021
SHYAM SUNDER SETHI .....Petitioner

Through: Mr. Sumit Lalchandani with Ms.
Soumya Singh and Ms. Ananya
Kapoor, Advocates.

versus

PR. COMMISSIONER OF INCOME TAX-10 & ORS.
.....Respondents
Through: Mr. Shailendera Singh, Jr. Standing
Counsel for Ms. Vibhooti Malhotra,
Sr. Standing Counsel.

CORAM:
HON'BLE MR. JUSTICE RAJIV SHAKDHER
HON'BLE MR. JUSTICE TALWANT SINGH
[PHYSICAL COURT HEARING]

RAJIV SHAKDHER, J.: (ORAL)

1. The petitioner is aggrieved by the fact that his application filed under the provisions of the Direct Tax Vivad Se Vishwas Act, 2020 (in short „2020 Act‟) has been rejected.

2. The backdrop in which the petitioner approached the designated authority under the 2020 Act is, broadly, set forth hereafter:

3. The petitioner had filed his income-tax return concerning the assessment year 2011-2012 on 12.05.2012. In the return, the petitioner had declared his income as Rs.49,32,900/-. The petitioner avers that in the said income-tax return, exemption had been claimed under Section 54 of the  Income Tax Act, 1961 (in short „1961 Act‟) and accordingly against “capital gains”, the amount shown was „Nil‟.

4. The revenue, it appears, on 29.03.2018 issued a notice for reassessment under Section 148 of the Act, concerning the aforementioned assessment year.

4.1 In the reassessment proceedings, the exemption claimed by the petitioner under Section 54 of the 1961 Act was disallowed and the petitioner‟s income was recomputed. The income was, accordingly, assessed at Rs.3,08,94,767/-. This order was passed on 26.12.2018.

5. Being aggrieved, the petitioner preferred an appeal with respondent no. 3/CIT(A). The appeal along with the condonation of delay application was filed on 11.07.2019. Pertinently, the appeal was filed in the prescribed format which contained a provision for setting out the grounds for condonation of delay for cases where the appeal was not instituted within the stipulated timeframe.

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