Commissioner Of Income Tax-I Chennai v. M/S.allianz Bio Sciences Pvt. Ltd

IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 23.02.2021 CORAMTHE HON'BLE MR.JUSTICE M. DURAISWAMYANDTHE HON'BLE MRS.JUSTICE T.V. THAMILSELVI Tax Case Appeal No.267 of 2011 Commissioner of Income Tax-IChennai. ... Appellant/AppellantVs. M/s.Allianz Bio Sciences Pvt. Ltd.,656, T.H.Road, Tondiarpet,Chennai – 600 081. ... Respondent/Respondent Tax Case Appeal filed under Section 260A of the Income TaxAct, 1961 against the order of the Income Tax AppellateTribunal, Chennai "D" Bench, dated 19.11.2010 passed inI.T.A.No.1366/Mds/2009 for the assessment year 2006-07, againstthe order dated 29/05/2009 made in ITA.No.171/08-09/A-III on thefile of the Commissioner of Income Tax(Appeals)-III, Chennai-34, for the Assessment year 2006-07 and against the order dated28/11/2008 made in PAN./GIR.No. /Ax6-765 on the file ofthe Deputy Commissioner of Income Tax Company Circle (I),Chennai for the Assessment year 2006-2007. For Appellant : Mrs.R.HemalathaStanding CounselFor Respondent : Mr.R.SivaramanJ U D G M E N T(Delivered by M.DURAISWAMY, J.) This appeal filed by the Revenue under Section 260A of theIncome Tax Act, 1961 ('the Act' for brevity), is directedagainst the order dated 19.11.2010 passed by the Income TaxAppellate Tribunal, Chennai "D" Bench, ('the Tribunal' forbrevity) in I.T.A.No.1366/Mds/2009 for the assessment year2006-2007. The above appeal has been admitted on 17.08.2011 onthe following Substantial Questions of Law: "1.Whether on the facts and in the circumstancesof the case, the Income Tax Appellate Tribunal wasright in holding that the assessee company wasentitled to deduction under Section 80-IB in respectof its unit in Pondicherry even though the entiremanufacture of drugs and formulations were done under'loan license' only, on the basis of a job work https://hcservices.ecourts.gov.in/hcservices/ contract with M/s.Tablets (India) Ltd. which suppliedall the raw materials, specifications and exercisedcomplete supervision of the manufacture of the drugsensuring the quantity and quality thereof? 2.Whether on the facts and in the circumstancesof the case, the Income Tax Appellate Tribunal wasright in holding that the Explanation under Section80-IA introduced by the Finance Act 2007 with effectfrom 01.04.2000 was not applicable to Section 80-IB?" 2. We have heard Mrs.R.Hemalatha, learned Standing Counselfor the appellant/Revenue and Mr.R.Sivaraman, learned counselfor the respondent/assessee. 3. It may not be necessary for this Court to decide theSubstantial Questions of Law framed for consideration on accountof certain subsequent developments. The Government of Indiaenacted the Direct Tax Vivad Se Vishwas Act, 2020 (Act 3 of2020) to provide for resolution of disputed tax and for mattersconnected therewith or incidental thereto. The Act of theParliament received the assent of the President on 17[th] March2020 and published in the Gazette of India on 17[th] March 2020. 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 16.12.2020. 5.Since the respondent/assessee had been issued with Form-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. Nocosts. Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar To 1.The Income Tax Appellate Tribunal, Chennai "D" Bench 2.The Commissioner of Income Tax-I, Chennai. 3.The Commissioner of Income Tax(Appeals) III, Chennai -34.4.The Deputy Commissioner of Income Tax, Company Circle (II), Chennai. +1cc to Mr.T.Ravi Kumar, Advocate SR.NO..11072 AKM/18.03.21/3P- 6C/ Tax Case Appeal No.267 of 201123.02.2021 https://hcservices.ecourts.gov.in/hcservices/