A.asangan v. The Commissioner Of Income Tax-Iii, Trichy

IN THE HIGH COURT OF JUDICATURE AT Chennai DATED: 18.02.2021 CORAM THE HON'BLE MR.JUSTICE M. DURAISWAMYANDTHE HON'BLE MRS.JUSTICE T.V. THAMILSELVI Tax Case Appeal No.633 of 2011 A.Asangan ...Appellant/Appellantv. The Commissioner of Income Tax-III,Trichy... Respondent/Respondent Tax Case Appeal filed under Section 260A of the Income TaxAct, 1961 against the order of the Income Tax AppellateTribunal, Chennai 'B' Bench, Chennai, dated 06.05.2011 passedin I.T.A.No.1075/Mds/2010 for the Assessment Year 2005-06,against the proceedings of the Commissioner of Income Tax(Appeals) No.44, Williams Road, Contonment, Tiruchirappalli-620001 made in ITA No.305 to 309/08-09 dated 20.04.2010 for theAssessment Year 2003-04 to 2007-08, against the proceedings ofthe Income Tax Officer, Ward-1(2), Nagapattinam made in GIR/PAN8125-A/AKIPA2036N dated 24.12.2008 for the Assessment Year 2005-06. For Appellant : Mr. T. VasudevanFor Respondent : Ms. S. Premalatha Standing Counsel (Judgment was Delivered by M. DURAISWAMY, J) This appeal filed by the assessee under Section 260A of theIncome Tax Act, 1961 ('the Act' for brevity), is directedagainst the order dated 06.05.2011 passed by the Income TaxAppellate Tribunal, Chennai 'B' Bench, Chennai ('the Tribunal'for brevity) in I.T.A.No.1075/Mds/2010 for the Assessment Year2005-06. https://hcservices.ecourts.gov.in/hcservices/ 2. The appeal was admitted on 02.12.2008 on the followingSubstantial Question of Law: " Whether on the facts and the circumstancesof the case, the Income Tax Appellate Tribunal isjustified in law in confirming the order of the CIT(A)'s by sustaining the addition of Rs.8,32,203/-merely relying on the statement recorded u/s. 133Awhich has no evidentiary value as per the decisionof the Madras High Court reported in300 ITR 517?" 3. We have heard Mr. T. Vasudevan, learned counsel for theappellant and Ms. S. Premalatha learned Standing Counsel forthe respondent. 4. It may not be necessary for this Court to decide theSubstantial Questions of Law framed for consideration onaccount of certain subsequent developments. The Government ofIndia enacted the Direct Tax Vivad Se Vishwas Act, 2020 (Act 3of 2020) to provide for resolution of disputed tax and formatters connected therewith or incidental thereto. The Act ofthe Parliament received the assent of the President on 17[th] March2020 and published in the Gazette of India on 17[th] March 2020. 5. We are informed by the learned counsel for theappellant/assessee that the assessee has already filed therequisite Form 1 on 29.01.2021 under Section 4 of the Act. 6. In the light of the fact that the assessee has alreadyavailed the benefit under the Act, no useful purpose would beserved in keeping this appeal pending. At the same time,safeguarding the interest of the assessee in the event theorder to be passed by the Department under the Act is not infavour of the assessee. Accordingly, the Tax Case Appeal standsdisposed of on the ground that the assessee has already filedrequisite Form 1 and the Department shall process theapplication at the earliest in accordance with the said Act andcommunicate the decision to the assessee at the earliest. Asobserved, the assessee is given liberty to restore this appealin the event the ultimate decision to be taken on thedeclaration filed by the assessee under Section 4 of the saidAct is not in favour of the assessee. If such a prayer is made,the Registry shall entertain the prayer without insisting uponany application to be filed for condonation of delay inrestoration of the appeal and on such request made by theassessee by filing a Miscellaneous Petition for Restoration, the Registry shall place such petition before the Division Bench fororders. Registry shall place such petition before the Division Bench fororders. 7. With these observations, the Tax Case Appeal standsdisposed of with the aforementioned liberty and Consequently,the Substantial Question of Law are left open. No costs. Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant RegistrarRj To 1. The Income Tax Appellate Tribunal, Chennai 'B' Bench, Chennai. 2. The Commissioner of Income Tax-III, Trichy.3. The Commissioner of Income Tax (Appeals), No.44, Williams Road, Cantonment, Tiruchirappalli-620 001.4.The Income Tax Officer, Ward 1 (2), Nagapattinam.5.The Record Keeper, VR Section, High Court, Madras.Copy to The Assistant Registrar,Appeal Examiner Main Section,High Court, Madras-104. +1cc to Mr.R.Janakiraman, Advocate Sr.9977+1cc to Mr.M.Swaminathan, Advocate Sr.9680Tax Case Appeal No.633 of 2011 ak I[co]srg 10/03/2021