Commissioner Of Income-Tax, Chennai v. M/S.rajkumar Impex Private Limited B 603, Keshava Duar Apartments, 1, East Avenue, Kesavaperumalpuram, R.a.puram, Chennai – 600 028

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 30.04.2021 CORAM THE HON'BLE MR.JUSTICE M. DURAISWAMYANDTHE HON'BLE MRS.JUSTICE R. HEMALATHA Tax Case Appeal No.864 of 2013 Commissioner of Income-tax,Chennai. ... AppellantVs. M/s.Rajkumar Impex Private LimitedB 603, Keshava Duar Apartments,1, East Avenue, Kesavaperumalpuram,R.A.Puram, Chennai – 600 028. ...Respondent Tax Case Appeal filed under Section 260A of the IncomeTax Act, 1961 against the order of the Income Tax AppellateTribunal, Chennai "B" Bench, dated 11.02.2013 passed inI.T.A.No.1746/Mds/2012 against the order of the CommissionerofIncomeTax(Appeals)VI,dated22.06.2012inITA.NO.103/2010-2011 for the Assessment Year 2003-2004 inproceedings under section 143(3) rws.263 of the Income Tax Act1961 against the order dated 25.09.2008 passed by theAssistant commissioner of Income Tax,Company Circle V(3),Chennai 34 against the Assessment order passed by theAssistant commissioner of Income Tax Company Circle V(3) forthe Assessment Year 2003-2004 against the order of theCommissionerofIncomeTax,ChennaiIII,Chennaiinc.NO.3033/7/III/2006-2007 dated 22.01.2008. For Appellant : Mr.T.Ravikumar Senior Standing Counsel and Mrs.R.Hemalatha Standing CounselFor Respondent : Mr.R.Venkata Narayanan for M/s.Subbaraya Aiyar Padmanabhan J U D G M E N T (Delivered by M.DURAISWAMY, J.) This appeal filed by the Revenue under Section 260A ofthe Income Tax Act, 1961 ('the Act' for brevity), is directedhttps://hcservices.ecourts.gov.in/hcservices/against the order dated 11.02.2013 passed by the Income Tax Appellate Tribunal, Chennai "B" Bench, ('the Tribunal' forbrevity) in I.T.A.No.1746/Mds/2012 for the assessment year2003-04. The above appeal has been admitted on 07.01.2014 onthe following Substantial Questions of Law: "1.Whether under the facts and circumstances ofthe case, the Income Tax Appellate Tribunal wasright in holding that the disallowance made u/s.40A(3) shall form part of the business income for thepurpose of calculating deduction under Section 80HHCand 80IA of the Income Tax Act? 2.Whether under the facts and circumstances ofthe case, the Income Tax Appellate Tribunal wasright in holding that the deduction under Section80IA should not be exceeded while working outeligible profits for deduction under Section 80HHCof the Income Tax Act?” 2. We have heard Mr.T.Ravikumar, learned Senior StandingCounsel and Mrs.R.Hemalatha, learned Standing Counsel for theappellant/Revenue and Mr.R.Venkata Narayanan for M/s.SubbarayaAiyarPadmanabhan,learnedcounselfortherespondent/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–5 on 22.04.2021. 5.Since the respondent/assessee had been issued withForm-5, 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. //True Copy// https://hcservices.ecourts.gov.in/hcservices/ Sub Assistant Registrar mkn To 1. Income Tax Appellate Tribunal, Chennai "B" Bench 2.The Commissioner of Income-tax, Chennai. Chennai. 3.The Commissioner of Income Tax (Appeals) VI,chennai 4.The Assistant commissioner of Income Tax,Company Circle V(3),Chennai 34.(3),Chennai 34. 5.The Income Tax Officer (HCC),o/o CIT,Chennai III,Chennai. +1cc to Mr.Subbaraya Aiyar, Advocate SR.No. 18136 5.Since the respondent/assessee had been issued withForm-5, 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. //True Copy// https://hcservices.ecourts.gov.in/hcservices/ Sub Assistant Registrar mkn To 1. Income Tax Appellate Tribunal, Chennai "B" Bench 2.The Commissioner of Income-tax, Chennai. Chennai. 3.The Commissioner of Income Tax (Appeals) VI,chennai 4.The Assistant commissioner of Income Tax,Company Circle V(3),Chennai 34.(3),Chennai 34. 5.The Income Tax Officer (HCC),o/o CIT,Chennai III,Chennai. +1cc to Mr.Subbaraya Aiyar, Advocate SR.No. 18136 +1cc to Mr.T.Ravikumar , Advocate SR.No. 26522 Tax Case Appeal No.864 of 2013 SS(CO) A.SK(06.07.2021)