Commissioner Of Income Tax,Corporate Circle 3(1),Chennai v. M/S.tamil Nadu Warehousingcorporation Limited82, Anna Salai, Guindy,Chennai – 600 034

IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 24.02.2021 CORAM THE HON'BLE MR.JUSTICE M.DURAISWAMYANDTHE HON'BLE MRS.JUSTICE T.V.THAMILSELVI TAX CASE APPEAL NO.227 OF 2016 Commissioner of Income Tax,Corporate Circle 3(1),Chennai.... Appellant/Appellant Vs. M/s.Tamil Nadu WarehousingCorporation Limited82, Anna Salai, Guindy,Chennai – 600 034. ... Respondent/Respondent Tax Case Appeal filed under Section 260A of the Income TaxAct, 1961 against the order of the Income Tax AppellateTribunal, Chennai "B" Bench, dated 23.09.2015 passed inI.T.A.No.1366/Mds/2015. Against the Order of the Commissioner of the Income Tax(Appeals)-II, Chennai dated 13.02.2015 in old ITA.No.1847/13-14New ITA.No.607/CIT(A)-II/13-14 pertaining to Assessment Year2010-11 against the order of the Assistant Commissioner ofIncome Tax, Company Circle III(1), Chennai-34, dated 04.03.2013in PAN/GIR.No. for the assessment year 2010-11. For Respondent : Ms.S.Kavitha for M/s.Sushma Harini This appeal filed by the Revenue under Section 260A of theIncome Tax Act, 1961 ('the Act' for brevity), is directedagainst the order dated 23.09.2015 passed by the Income Tax https://hcservices.ecourts.gov.in/hcservices/ Appellate Tribunal, Chennai "B" Bench, ('the Tribunal' forbrevity) in I.T.A.No.1366/Mds/2015 for the assessment year2010-2011. The above appeal has been admitted on 28.03.2016 onthe following Substantial Question of Law: "Whether on the facts and circumstances of thecase, the Income Tax Appellate Tribunal was right inholding that the provision for leave encashment is anallowable expenditure ignoring the provisions ofSection 43B(f)?" 2. We have heard Mr.M.Swaminathan, learned Senior StandingCounsel for the appellant/Revenue and Ms.S.Kavitha forM/s.Sushma Harini, 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.Learned counsel for the respondent/assessee submittedthat the assessee had availed the Vivad Se Vishwas Scheme andthat the respondent/assessee had already been issued with Form–3 on 02.02.2021. 5.Since the respondent/assessee had been issued with Form-3,nothing survives for adjudication in the above appeal.Recording the submission made by the learned counsel for therespondent/assessee, the Tax Case Appeal stands disposed of. Nocosts. Sd/- Assistant Registrar(CS IV)//True Copy// Sub Assistant Registrar mkn To 1. Income Tax Appellate Tribunal, Chennai "B" Bench 2.The Commissioner of Income Tax, Corporate Circle 3(1),Chennai.Chennai. 3.The Assistant Commissioner of Income Tax, Company Circle-III(1), Chennai-34. 4.The Commissioner of Income Tax (Appeals)-II,Chennai.Chennai. +1cc to Mr.G.Baskar, Advocate, S.R.No.10985 +1cc to Mr.M.Swaminathan, Advocate, S.R.No.12018 SRA(CO) CS/18/03/2021 Tax Case Appeal No.227 of 2016