G.babu v. The Income Tax Officer,Ward Iii(2), Coimbatore

IN THE HIGH COURT OF JUDICATURE AT MADRAS CORAM THE HON'BLE MR.JUSTICE M. DURAISWAMYANDTHE HON'BLE MRS.JUSTICE R. HEMALATHA Tax Case Appeal No.1036 of 2014andM.P.Nos.1 of 2014 & 1 of 2015 G.Babu,39/1, Vivekananda Road,Singanallur,Coimbatore – 641 005. ...Appellant/Appellant Vs. The Income Tax Officer,Ward III(2), Coimbatore. ... Respondent/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 14.03.2012 passed inI.T.A.No.1585/Mds/2011. Preferred against the Order of the Commissioner of IncomeTax (Appeals) -I, Coimbatore dated 22.06.2011 made in AppealNo.112/10-11 filed against the Assessment Order of the IncomeTax Officer, Ward III (2), coimbatore dated 12.10.2010 for theAssessment Year 2008-2009. For Appellant : Mr.N.V.BalajiFor Respondent : Mr.T.R.Senthil Kumar Senior Standing Counsel This appeal filed by the assessee under Section 260A of theIncome Tax Act, 1961 ('the Act' for brevity), is directedagainst the order dated 14.03.2012 passed by the Income TaxAppellate Tribunal, Madras "C" Bench, ('the Tribunal' forbrevity) in I.T.A.No.1585/Mds/2011 for the assessment year2008-09. The above appeal has been admitted on 14.12.2015 on the https://hcservices.ecourts.gov.in/hcservices/ following Substantial Questions of Law: "1.Whether under the facts and circumstances ofthe case, the Income Tax Appellate Tribunal was rightin upholding the order of the Commissioner of IncomeTax (Appeals) that the appellant is not eligible fordeduction under Section 54B? 2.Whether under the facts and circumstances ofthe case, the Income Tax Appellate Tribunal was rightin concluding that the appellant has not fulfilledthe conditions prescribed in Section 54B of theIncome Tax Act and therefore is not eligible fordeduction under that Section? 3.Whether under the facts and circumstances ofthe case, the Income Tax Appellate Tribunal was rightin not allowing the appellant to place evidencesbefore it, in support of his claim for deductionunder Section 54B? 4.Whether under the facts and circumstances ofthe case, the Income Tax Appellate Tribunal was rightin accepting the action of the respondent in relyingon the statement obtained at the back of theappellant and without giving the appellant anopportunity of cross examination? 5.Is the finding of the Income Tax AppellateTribunal that the appellant has not fulfilled thecondition for deduction under Section 54B notperverse, especially when the appellant was not givenopportunity to rebut the evidences gathered at theback and that the appellant was denied opportunity toplace his evidences in support of the claim fordeduction?” 2. We have heard Mr.N.V.Balaji, learned counsel for theappellant/assessee and Mr.T.R.Senthil Kumar, learned SeniorStanding Counsel for the respondent/Revenue. 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 the appellant/assessee that the assessee had already been issued with Form-3on 12.02.2021 and the learned counsel for the appellant seekspermission of this Court to withdraw the appeal. https://hcservices.ecourts.gov.in/hcservices/ 5. In view of the submission made by the learned counsel forthe appellant, the Tax Case Appeal stands dismissed aswithdrawn. No costs. Consequently, connected miscellaneouspetitions are closed. Sd/- Assistant Registrar (CS-III) //True Copy// 4. We are informed by the learned counsel for the appellant/assessee that the assessee had already been issued with Form-3on 12.02.2021 and the learned counsel for the appellant seekspermission of this Court to withdraw the appeal. https://hcservices.ecourts.gov.in/hcservices/ 5. In view of the submission made by the learned counsel forthe appellant, the Tax Case Appeal stands dismissed aswithdrawn. No costs. Consequently, connected miscellaneouspetitions are closed. Sd/- Assistant Registrar (CS-III) //True Copy// Sub Assistant Registrar MknTo1.The Assistant Registrar, Income Tax Appellate Tribunal, Madras "C" Bench 2.The Income Tax Officer, Ward III(2), Coimbatore.3.The Commissioner of Income Tax Appeals I, Coimbatore.+1cc to Mr.N.V.Balaji, Advocate, S.R.No. 23175Tax Case Appeal No.1036 of 2014RSI(CO)GN(17/06/2021)