Dr.s.rajamony v. The Assistant Commissioner Of Income Tax,Circle-Iv,Chennai – 600 034

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 25.02.2021 CORAM THE HON'BLE MR.JUSTICE M. DURAISWAMYANDTHE HON'BLE MRS.JUSTICE T.V. THAMILSELVI Tax Case Appeal No.1100 of 2009 Dr.S.Rajamony ...Appellant Vs. The Assistant Commissioner of Income Tax,Circle-IV,Chennai – 600 034. ... Respondent Tax Case Appeal filed under Section 260A of the IncomeTax Act, 1961 against the order of the Income Tax AppellateTribunal, Chennai "D" Bench, dated 09.01.2009 passed in I.T.(SS)A.No.36/Mds/2008. Prayer TC.1100/2009 Against the order of the commissioner of Income Tax(Appeals)-VIII,chennaidated13.12.2007madeinITA.NO.14/2007-2008 and against the order of the AssistantCommissioner of Circle IV,chennai dated 30.08.2007 made U/S.(58BFAC2) of the Income Tax Act,1961 for the Assessment YearBlock Period 1/4/95 to 28.03.2002 PAN.NO.AAFPR 6434A/blockPeriod. For Appellant : Mr.M.P.Senthil Kumar For Respondent : Mr.T.R.Senthil Kumar Senior Standing Counsel J U D G M E N T (Delivered by M.DURAISWAMY, J.) This appeal filed by the assessee under Section 260A ofthe Income Tax Act, 1961 ('the Act' for brevity), is directedagainst the order dated 09.01.2009 passed by the Income TaxAppellate Tribunal, Chennai "D" Bench, ('the Tribunal' forbrevity) in I.T.(SS)A.No.36/Mds/2008 for the Block AssessmentPeriod 01.04.1995 to 28.03.2002. The above appeal has beenadmitted on 27.10.2009 on the following Substantial Questionsof Law: “1. Whether on the facts and in thecircumstances of the case the Income Tax Appellatehttps://hcservices.ecourts.gov.in/hcservices/Tribunal was right in law in setting aside the order of the Commissioner and restoring the levy ofpenalty under Section 158BFA(2) of the Income TaxAct, 1961 ? 2. Whether on the facts and in thecircumstances of the case the Income Tax AppellateTribunal was right in law in not appreciating thecircumstantial evidence relied on by the appellantin support of his claim with regard to cash,jewellery and fixed deposit?” 2. We have heard Mr.M.P.Senthil Kumar, learned counsel forthe appellant/assessee and Mr.T.R.Senthil Kumar, learnedSenior Standing Counsel for the respondent/Revenue. 3. It may not be necessary for this Court to decide theSubstantial Questions of Law framed for consideration onaccount of certain subsequent developments. The Government ofIndia enacted the Direct Tax Vivad Se Vishwas Act, 2020 (Act 3of 2020) to provide for resolution of disputed tax and formatters connected therewith or incidental thereto. The Act ofthe Parliament received the assent of the President on 17[th]March 2020 and published in the Gazette of India on 17[th] March2020. 4. We are informed by the learned counsel for theappellant/ assessee that the assessee had already been issuedwith Form-3 on 19.01.2021 and the learned counsel for theappellant seeks permission of this Court to withdraw theappeal. 5. In view of the submission made by the learned counselfor the appellant, the Tax Case Appeal stands dismissed aswithdrawn. No costs. Sd/- Assistant Registrar(co) //True Copy// Sub Assistant Registrar mknTo 1. Income Tax Appellate Tribunal, Madras "D" Bench2.The Assistant Commissioner of Income Tax, Circle-IV, Chennai – 600 034.3.The Commissioner of Income Tax Appeal-VIII,Chennai.