Commissioner Of Income Tax,Coimbatore v. M/S.precot Meridian Ltd.,Supremno.7161, Green Fields,Puliakulam,Coimbatore – 641 045

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 08.04.2021 CORAM THE HON'BLE MR.JUSTICE M.DURAISWAMYANDTHE HON'BLE MRS.JUSTICE R.HEMALATHA Tax Case Appeal No.399 of 2014 Commissioner of Income Tax,Coimbatore. ...Appellant Vs. M/s.Precot Meridian Ltd.,SupremNo.7161, Green Fields,Puliakulam,Coimbatore – 641 045....Respondent Tax Case Appeal filed under Section 260A of the Income TaxAct, 1961 against the order of the Income Tax AppellateTribunal, Madras “A” Bench, dated 22.08.2013 passed inI.T.A.No.1563/Mds/2012. Preferred against the order of theIncome Tax Appellate Tribunal “A” Bench, Chennai dated22.08.2013 made in ITA.No.1563/Mds/2012 for the Assessment Year1995-1996, preferred against the order the Commissioner ofIncome Tax (Appeals)-I, Coimbatore dated 14.05.2012 made onAppeal No.95/11-12 preferred against the Assistant Commissionerof Income Tax Company Circle EI(2), Coimbatore dated 08.09.2011made in PAN No. . For Appellant : Mr.T.R.Senthil Kumar Senior Standing Counsel For Respondent : Mr.S.Sridhar J U D G M E N T (Delivered by M. DURAISWAMY, J) The above appeal filed by the Department under Section 260Aof the Income Tax Act, 1961 ('the Act' for brevity), is directedagainst the order dated 22.08.2013 passed by the Income TaxAppellate Tribunal, Madras “A” Bench, Chennai ('the Tribunal'for brevity) in I.T.A.No.1563/Mds/2012 for the Assessment Year1995-96. The above appeal was admitted on 23.09.2014 on thefollowing substantial question of law : https://hcservices.ecourts.gov.in/hcservices/ “Whether the order under Section 220(2) of theIncome Tax Act levying interest is an appellableorder? 2. We have heard Mr.T.R.Senthil Kumar, learned SeniorStanding Counsel for the appellant/ Revenue and Mr.S.Sridhar,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 Forms 1 & 2 on 16.11.2020 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,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 question of law is left open. No costs. Sd/- Assistant Registrar(CS-VII) //True Copy// mkn 6. With this observation, the Tax Case Appeal standsdisposed of with the aforementioned liberty and consequently,the substantial question of law is left open. No costs. Sd/- Assistant Registrar(CS-VII) //True Copy// mkn Sub Assistant Registrar To 1. The Income Tax Appellate Tribunal, Madras “A” Bench Chennai. Madras “A” Bench Chennai. 2. The Commissioner of Income Tax (Appeal)-I Coimbatore. Coimbatore. 3. The Assistant Commissioner of Income Tax Company Circle EI(2), Coimbatore. Company Circle EI(2), Coimbatore. +1cc to Mr.T.R.Senthilkumar, Advocate, S.R.No.22088 +1cc to M/s.S.Sridhar, Advocate, S.R.No.22348 Tax Case Appeal No.399 of 2014 GSM(CO)RGA(09/08/2021)