Commissioner Of Income Tax,Chennai v. M/S.spencer International Hotels Ltd.,Spencer Plaza, 4[Th] Floor,769, Anna Salai, Chennai – 02

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22.02.2021 CORAM THE HON'BLE MR.JUSTICE M. DURAISWAMYANDTHE HON'BLE MRS.JUSTICE T.V. THAMILSELVI Tax Case Appeal No.1032 of 2010 Commissioner of Income Tax,Chennai. ... Appellant Vs. M/s.Spencer International Hotels Ltd.,Spencer Plaza, 4[th] Floor,769, Anna Salai, Chennai – 02. ... Respondent Tax Case Appeal filed under Section 260A of the IncomeTax Act, 1961 against the order of the Income Tax AppellateTribunal, Madras "B" Bench, dated 18.12.2009 passed inI.T.A.No.1529/Mds/2009, against the order passed by theCommissioner of Income Tax (Appeals)-V, Chennai, dated15.07.2009 for the Assessment year 2004 -05 in ITA.No.285/2008-09 against the Assessment order of the Assistant Commissioner ofIncome Tax, Company Circle VI(4), Chennai, in PAN/GIR No. /SP 15, dated 26.12.2008, for the Assessment year2004-05. For Appellant : Mr.J.Narayanasamy Senior Standing Counsel For Respondent : Mr.R.Venkatanarayanan This appeal filed by the Department under Section 260A ofthe Income Tax Act, 1961 ('the Act' for brevity), is directedagainst the order dated 18.12.2009 passed by the Income TaxAppellate Tribunal, Madras "B" Bench, ('the Tribunal' forbrevity) in I.T.A.No.1529/Mds/2009 for the assessment year2004-05. https://hcservices.ecourts.gov.in/hcservices/ 2.On 18.01.2011, the appeal was admitted on the followingSubstantial Questions of Law: “1)Whether on the facts and circumstances of thecase, the Tribunal was right in upholding the CIT(A)'sdeletion of disallowance of licence fee paid toM/s.Spencer and Company Ltd.? 2)Whether on the facts and circumstances of thecase, the Tribunal was right in upholding the CIT(A)'s deletion of the administrative expenses claimedby the assessee? 3)Whether on the facts and circumstances of thecase, the Tribunal was right in treatment of licencefee received from Indian Hotel Company as income frombusiness as against the revenue's stand to treat it asincome from property? 4)Whether on the facts and circumstances of thecase, the Tribunal was right in upholding thedirection of CIT (A) to AO to adopt to Rs50 as thesale price as against the revenue's valuation at Rs.70per share? 5)Whether on the facts and circumstances of thecase, the Tribunal was right in upholding the CIT(A)'s direction for indexation with reference tofinancial year 1999-00 while computing the capitalgain? And 6)Whether on the facts and circumstances of the case, the Tribunal was right in upholding the CIT (A)'s deletion of disallowance under Section 80G?” 3.We have heard Mr.J.Narayanasamy, learned senior standingcounsel for the appellant/Revenue and Mr.R.Venkatanarayanan,learned counsel for the respondent/assessee. 4. 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. 5.The learned counsel for the respondent/assessee submittedthat the respondent/assessee had availed Vivad Se Vishwas Schemeand that the Department had also issued Form – 3 on 08.02.2021. https://hcservices.ecourts.gov.in/hcservices/ 6. Since the assessee has been issued with Form – 3, nothingsurvives for adjudication in the above appeal. Recording thesubmissionmadebythelearnedcounselfortherespondent/assessee, the Tax Case Appeal stands disposed of. Nocosts. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar va 5.The learned counsel for the respondent/assessee submittedthat the respondent/assessee had availed Vivad Se Vishwas Schemeand that the Department had also issued Form – 3 on 08.02.2021. https://hcservices.ecourts.gov.in/hcservices/ 6. Since the assessee has been issued with Form – 3, nothingsurvives for adjudication in the above appeal. Recording thesubmissionmadebythelearnedcounselfortherespondent/assessee, the Tax Case Appeal stands disposed of. Nocosts. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar va To1. The Income Tax Appellate Tribunal, Madras "B" Bench.2. The Commissioner of Income Tax, Chennai.3. The Commissioner of Income Tax (Appeal-V), Chennai. 4. The Assistant Commissioner of Income Tax, Company Circle VI(4), Chennai.+1cc to M/s.Subbaraya Aiyar, Advocate, SR.No.10830.Tax Case Appeal No.1032 of 2010SS(CO)CSR 30.04.2021