Commissioner Of Income Tax,Central Circle,Chennai v. Shri S. Duraipandi &Shri S.thalavaipandian (Aop)

IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 13.07.2021 CORAMTHE HON'BLE MR. JUSTICE M. DURAISWAMYANDTHE HON'BLE MRS. JUSTICE R. HEMALATHA Tax Case Appeal No.1080 of 2014 Commissioner of Income Tax,Central Circle,Chennai. ...Appellant Vs. Shri S. Duraipandi &Shri S.Thalavaipandian (AOP)29/5, AMC Centre,Viswanathapuram Main Road,Kodambakkam, Chennai – 600 024. ...Respondent Tax Case Appeal filed under Section 260A of the Income TaxAct, 1961 against the order of the Income Tax AppellateTribunal, Madras “C” Bench, dated 29.04.2011 passed inI.T.A.No.1751/Mds/2010, against the order of the Commissioner ofIncome tax(A)-II, Chennai-34 in ITA.No.63/09-10 dated 02.07.2010for the Assessment year 2008-09 against the Assessment order ofthe Assistant Commissioner of Income Tax, Central Circle III(4),Chennai, dated 31.12.2009. For Appellant : Mr.T.R.Senthil Kumar Senior Standing CounselFor Respondent : Mr.R.Sivaraman The above appeal filed by the Department under Section 260Aof the Income Tax Act, 1961 ('the Act' for brevity), is directedagainst the order dated 29.04.2011 passed by the Income TaxAppellate Tribunal, Madras “C” Bench, Chennai ('the Tribunal'for brevity) in I.T.A.No.1751/Mds/2010 for the Assessment Year2008-09. The above appeal was admitted on the followingsubstantial questions of law : https://hcservices.ecourts.gov.in/hcservices/ “1.Whether on the facts and circumstances of thecase, the Tribunal was correct in presuming that anaddition of Rs.5.29 Crores is to be done in the caseof S.Duraipandi (individual) and not as AOP in spiteof the fact that the assessee has admitted the sameand as per the documents seized? 2.Whether on the facts and circumstances of thecase, the Income Tax Appellate Tribunal was right indeleting the addition of Rs.5.5 lakhs being the moneypaid by the assessee to Jaya Krishnamurthy in respectof the land deal contrary to Section 68 of the IncomeTax Act?” 2. We have heard Mr.T.R.Senthil Kumar, learned SeniorStanding Counsel for the appellant/ Revenue and Mr.R.Sivaraman,learned Counsel for 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. We are informed by the learned counsel for therespondent/assessee that the assessee has already filed therequisite Forms 1 & 2 on 08.03.2021 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 Forms 1 & 2 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 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, https://hcservices.ecourts.gov.in/hcservices/ https://hcservices.ecourts.gov.in/hcservices/ 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(CJ conf) //True Copy// Sub Assistant Registrar mkn To 1.The Registrar, The Income Tax Appellate Tribunal, Madras “C” Bench 2.The Commissioner of Income Tax, Central Circle, Chennai.3.The Assistant Commissioner of Income Tax, Central Circle-III(4), Chennai. Tax Case Appeal No.1080 of 2014 PPA(CO)CB(06/08/2021)