Commissioner Of Income Tax, Non Corporate Circle 12(4), Chennai v. Shri Sunil Chopra

IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 18.01.2021CORAM THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAMandTHE HONOURABLE MRS.JUSTICE R.N.MANJULATax Case Appeal No.426 of 2020 Commissioner of Income Tax,Non Corporate Circle 12(4),Chennai....Appellant/ RespondentVsShri Sunil Chopra...Respondent/ Appellant APPEAL under Section 260A of the Income Tax Act, 1961against the order dated 04.03.2020 passed by the Income TaxAppellate Tribunal, Madras 'A' Bench, Chennai made inI.T.A.No.2923/Chny/2018 for the assessment year 2015-16 Againstappeal filed the order dated 03.08.2018 made in ITA.NO.73/CIT(a)-13/AY 2015-2016 on the file of the Office of Commissioner ofIncome Tax Appeals-13,Chennai 34 and against the order dated21.12.2017 made in PAN NO.AAAPC 4038 N Non corporate Ward12(4),Chennai.For Appellant: Mr.M.Swaminathan Standing CounselFor Respondent : Mr.P.Prithivi Chopda Judgment was delivered by T.S.SIVAGNANAM,J This appeal has been filed by the assessee under Section260A of the Income Tax Act, 1961 ('the Act' for brevity)challengingtheorderdated04.03.2020madeinI.T.A.No.2923/Chny/2018 on the file of the Income Tax AppellateTribunal, Chennai, 'A' Bench ('the Tribunal' for brevity) forthe assessment year 2015-16.2.The appeal has been filed by raising the followingsubstantial questions of law: “1.Whether Income Tax Appellate Tribunal wasright and justified in setting aside the orderpassed by the Assessing Officer to re-examine thematter when the Assessing Officer has already dulyexamined the matter before passing the assessment https://hcservices.ecourts.gov.in/hcservices/ order? 2.Whether the Income Tax Appellate Tribunalwas right in justified in remitting the issue backto the file of the Assessing Officer and shiftingthe onus to the Revenue with a direction that theAssessing Officer shall bring on record the roleof the assessee in promoting the company and therelationship of the assessee, if any with thepromoters, role of the assessee in inflating theprice of shares etc.,” 2.Whether the Income Tax Appellate Tribunalwas right in not adjudicating the several groundsraised by the appellant and thereby not giving anopportunity of being heard?” 3.We have heard Mr.M.Swaminthan, learned counsel appearingfor the appellant/revenue and Mr.P.Prithivi Chopda, learnedcounsel appearing for the respondent/assessee. 4.The learned counsel on behalf of the appellant/assesseesubmits that the respondent/assessee already filed thedeclaration/ undertaking under the Vivad Se Vishwas Scheme on22.03.2020 and is awaiting orders to be passed in Form No.3. 5.In the light of the subsequent event, the CompetentAuthority shall process the application/declaration inaccordance with the Direct Tax Vivad Se Vishwas Act, 2020 (Act 3of 2020) and pass appropriate orders as expeditiously aspossible. 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, theRegistry shall place such petition before the appropriateDivision Bench for orders. 6.The tax case appeal stands disposed of with theaforementioned liberty and Consequently, the substantialquestions of law framed are left open. No costs. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar cse To THE INCOME TAX APPELLATE TRIBUNAL, 'A' BENCH, CHENNAI. 2.THE OFFICE OF COMMISSIONER OF INCOME TAX APPEALS-13,121,MAHATMA GANDHI ROAD,CHENNAI 34121,MAHATMA GANDHI ROAD,CHENNAI 34 3.THE INCOME TAX OFFICER,ON CORPORATE WARD12(4),CHENNAI. +1cc to Mr.T.Pramodkumar Chopra , Advocate SR.No. 2363 6.The tax case appeal stands disposed of with theaforementioned liberty and Consequently, the substantialquestions of law framed are left open. No costs. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar cse To THE INCOME TAX APPELLATE TRIBUNAL, 'A' BENCH, CHENNAI. 2.THE OFFICE OF COMMISSIONER OF INCOME TAX APPEALS-13,121,MAHATMA GANDHI ROAD,CHENNAI 34121,MAHATMA GANDHI ROAD,CHENNAI 34 3.THE INCOME TAX OFFICER,ON CORPORATE WARD12(4),CHENNAI. +1cc to Mr.T.Pramodkumar Chopra , Advocate SR.No. 2363 +1cc to Mr.M.Swaminathan , Advocate SR.No. 2448 TCA.No.426 of 2020 A.SK(16.02.2021).