Commissioner Of Income Tax - Ltu,Chennai v. M/S.neyveli Lignite Corporation Ltd.,Neyveli – 607 801

IN THE HIGH COURT OF JUDICATURE AT MADRAS CORAM THE HON'BLE MR.JUSTICE M.DURAISWAMYANDTHE HON'BLE MRS.JUSTICE T.V.THAMILSELVI TAX CASE APPEAL NO.95 OF 2011 Commissioner of Income Tax - LTU,Chennai. ...Appellant Vs. M/s.Neyveli Lignite Corporation Ltd.,Neyveli – 607 801. ... Respondent Tax Case Appeal filed under Section 260A of the Income TaxAct, 1961 against the order of the Income Tax AppellateTribunal, Madras "C" Bench, Chennai dated 17.09.2010 passed inI.T.A.No.1174/Mds/2008. Against the Order of the Commissioner of Income Tax, LargeTax Payer Unit, Ch-600 101, dated 26.03.2008 under section 147read with section 143 (3) of the Income Tax Act for theAssessment Year 2000-01. Against the order of the Commissioner of Income Tax(Appeals)-V, Chennai dated 10.01.2008 made in ITA.No.126/06-07. And against the order of the Assistant Commissioner ofIncome Tax, Company Circle IV(4), Chennai, dated 30.11.2005under section 147 read with section 143(3) of the Income TaxAct. For Appellant : Mr.T.Ravi Kumar, Senior Standing Counsel For Respondent : Mr.R.Venkata Narayanan J U D G M E N T (Delivered by M. DURAISWAMY, J) This appeal filed by the Department under Section 260A ofthe Income Tax Act, 1961 ('the Act' for brevity), is directedagainst the order dated 17.09.2010 passed by the Income TaxAppellate Tribunal, Madras "C" Bench, Chennai ('the Tribunal'for brevity) in I.T.A.No.1174/Mds/2008 for the Assessment Year2000-01. The appeal was admitted on the following SubstantialQuestion of Law: “Whether on the facts and in the circumstances ofthe case, the Income Tax Appellate Tribunal was rightin holding that the reopening of the assessment underSection 147 was bad in law and therefore holding thatthe order under Section 263 passed by the Commissionerof Income Tax revising the assessment order passed inpursuance of such reopening would not survive?” 2. We have heard Mr.T.Ravi Kumar, learned senior standingcounsel for the appellant/ Revenue and Mr.R.Venkata Narayanan,learned Counsel for the respondent/assessee. 3. It may not be necessary for this Court to decide theSubstantial Question 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. We are informed by the learned counsel for therespondent/assessee that the assessee has already filed therequisite Form - 1 on 29.01.2021 under Section 4 of the Act. 5. 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 the orderto be passed by the Department under the Act is not in favour ofthe assessee. Accordingly, the Tax Case Appeal stands disposedof on the ground that the assessee has already filed therequisite 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 appeal https://hcservices.ecourts.gov.in/hcservices/ in 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, theRegistry shall place such petition before the Division Bench fororders. https://hcservices.ecourts.gov.in/hcservices/ in 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, theRegistry shall place such petition before the Division Bench fororders. 6. With this observation, the Tax Case Appeal standsdisposed of with the aforementioned liberty and consequently,the Substantial Questions of Law are left open. No costs. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar vaTo 1. Income Tax Appellate Tribunal, Madras "C" Bench Chennai. 2.The Commissioner of Income Tax,Large Tax Payer Unit, Chennai-600 101.Large Tax Payer Unit, Chennai-600 101. 3. The Commissioner of Income Tax (Appeals)-V,Chennai. 4. The Assistant Commissioner of Income Tax,Company Circle IV(4), Chennai.Company Circle IV(4), Chennai. +1cc to M/s.Subbaraya Aiyar Padmanabhan, Advocate, S.R.No.10256 GP(CO)CS/31/03/2021 Tax Case Appeal No.95 of 2011