Commissioner Of Income Tax, Chennai v. M/S.apollo Hospitals Enterprises Ltd., Ali Towers

IN THE HIGH COURT OF JUDICATURE AT MADRAS THE HON'BLE MR.JUSTICE M. DURAISWAMYAND THE HON'BLE MRS.JUSTICE T.V. THAMILSELVI Tax Case Appeal No.568 of 2014 Commissioner of Income Tax,Chennai. ... AppellantVs. M/s.Apollo Hospitals Enterprises Ltd.,Ali Towers, No.55, Greams Road,Chennai – 600 006. ...Respondent Tax Case Appeal filed under Section 260A of the IncomeTax Act, 1961 against the order of the Income Tax AppellateTribunal, Chennai "D" Bench, dated 18.06.2012 passed inI.T.A.No.596/Mds/2012 and as against the order dated21/12/2011 passed by the Commissioner of Income Tax(Appeals)-III Chennai, in ITA.No. 38/08-09/A-III, and asagainst the order dated 07/05/2008, passed by the DeputyCommissioner of Income Tax, Chennai. This appeal filed by the Revenue under Section 260A ofthe Income Tax Act, 1961 ('the Act' for brevity), is directedagainst the order dated 18.06.2012 passed by the Income TaxAppellate Tribunal, Chennai "D" Bench, ('the Tribunal' forbrevity) in I.T.A.No.596/Mds/2012 for the assessment year2000-01. The Revenue has raised the following SubstantialQuestions of Law in the above appeal. "1.Whether on the facts and in thecircumstances of the case, the Income Tax AppellateTribunal was right in upholding the orders of theCIT(A) in allowing the disallowance made under thehead lease equalisation charges? https://hcservices.ecourts.gov.in/hcservices/ 2.Whether accounting standards issued by ICAIoverride the provision of the I.T. Act and whetherthe Hon'ble Tribunal was right in directing thelower authorities to allow a notional expenditurewhile computing its business income which is againstthe method of computation prescribed under Section29 of the I.T.Act?” 2. We have heard Mr.T.R.Senthil Kumar, Senior StandingCounsel for the appellant/Revenue and Mr.N.V.Balaji, learnedcounsel for the respondent/assessee. 3. 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]March 2020 and published in the Gazette of India on 17[th] March2020. 4.Learned counsel for the respondent/assessee submittedthat the assessee had availed the Vivad Se Vishwas Scheme andthat the respondent/assessee had already been issued withForm–3 on 11.12.2020. 5.Since the respondent/assessee had been issued withForm-3, nothing survives for adjudication in the above appeal.Recording the submission made by the learned counsel for therespondent/assessee, the Tax Case Appeal stands disposed of.No costs. Sd/- Assistant Registrar //True Copy// Mkn Sub Assistant Registrar To 1. Income Tax Appellate Tribunal, Chennai "D" Bench 2.The Commissioner of Income Tax, Chennai. 3.The Commissioner of Income Tax (Appeals), Chennai.4.The Deputy Commissioner of Income Tax, Chennai.https://hcservices.ecourts.gov.in/hcservices/ +1cc to Mr.N.V.Balaji & K.Rathinavel, Advocate, S.R.No.17552 +1cc to Mr.T.R.Senthil Kumar, Advocate, S.R.No.16590 Tax Case Appeal No.568 of 2014 SSN(CO)GN(09/04/2021)