Jaydeep Kumar Maheswari v. The Income Tax Officer,Business Ward – Viii(4),Chennai – 600 006

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE: 26.03.2021 CORAM: THE HON'BLE MR. JUSTICE M.DURAISWAMYAND THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI T.C.A.No.1225 of 2015 &M.P. No. 1 of 2015 Jaydeep Kumar Maheswari,Prop. M/s. Alco Metals,57/1, Moore Street,Chennai – 600 001.PAN ACNPJ 7942F... Appellant v. The Income Tax Officer,Business ward – VIII(4),Chennai – 600 006.... Respondent Appeal preferred under Section 260A of the Income TaxAct, 1961, against the order of the Income Tax AppellateTribunal, Chennai "A" Bench, dated 09.07.2015 inITA.No.1157/Mds/2015 for the Assessment Year 2011.2012Preferred against the order of the Income Tax AppelleteTribunal “A” Bench, chennai dated 09.07.2015 made inITA.No.1157/mds/2015 for the Assessment year 2011-2012preferred against the order of the commissioner of Income Tax(Appeals) -13, Nungambakkam, chennai-34, dated 10.03.2015 madein ITA.NO.33 CIT(A)-13/2013-14 preferred against the order ofthe Income Tax Officer, Business ward,VIII(4), KannammalBuilding, No.611, Anna Salai, Chennai-600 006.dated 04.11.2013made in PAN/GIR.No. . For Respondent : Mr.A.Swaminathan, Sr.Standing Counsel and Ms.V.Pushpa, Jr. Standing CounselJUDGMENT(Judgment was delivered by M. DURAISWAMY, J.) The appeal, filed by the Revenue under Section 260A ofthe Income Tax Act, 1961 (for short, the Act) is directedagainsttheorderdated09.07.2015madeinITA.No.1157/Mds/2015 on the file of the Income Tax Appellatehttps://hcservices.ecourts.gov.in/hcservices/Tribunal, Chennai, "D" Bench (for brevity, the Tribunal) for the Assessment Year 2011.2012. 2.The appeal was admitted on the following substantialquestions of law: “ (i) Whether on the facts andcircumstances of the case, the Hon'ble Tribunalwas right in holding that the property is notan urban land within the meaning of Clause a toS.2(14)(iii) of the Income Tax Act, 1961 iscorrect in law when the documentary evidencewould prove that the property is anagricultural land falling within the meaning ofclause b to S.12(14(iii) of the Income Tax Act,1961? (ii) Whether on the facts and in thecircumstances of the case, the Hon'ble Tribunalwas right in recording a finding contrary tothe contemporaneous document produced by theappellantfromthestatutoryrevenueauthorities corroborating the communicationreceived by the Assessing Officer from theDeputy Registrar Aalot Jilla, Ratlam DistrictMadhya Pradesh which establsihed that the landis agricultural land?” 3. We have heard Ms. Vinu Pradha, learned counsel forthe appellant and Mr. A.Swaminathan, learned SeniorStanding Counsel for the respondent. 4. 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. 5. Ms. Vinu Pradha, learned counsel appearing for theappellant/assessee submitted that the assessee has alreadyfiled the requisite Forms 1 and 2 under Section 4 of theAct, hence, she seeks permission of this court to withdrawthe Tax Case Appeal. 6. . Recording the submission made by the learned counselfor the appellant, the Tax Case Appeal is dismissed aswithdrawn on the ground that the assessee has already filedrequisite Forms 1 and 2 and the Department shall process theapplication at the earliest in accordance with the said Actand communicate the decision to the assessee at the earliest.As observed, the assessee is given liberty to restore thishttps://hcservices.ecourts.gov.in/hcservices/ 5. Ms. Vinu Pradha, learned counsel appearing for theappellant/assessee submitted that the assessee has alreadyfiled the requisite Forms 1 and 2 under Section 4 of theAct, hence, she seeks permission of this court to withdrawthe Tax Case Appeal. 6. . Recording the submission made by the learned counselfor the appellant, the Tax Case Appeal is dismissed aswithdrawn on the ground that the assessee has already filedrequisite Forms 1 and 2 and the Department shall process theapplication at the earliest in accordance with the said Actand communicate the decision to the assessee at the earliest.As observed, the assessee is given liberty to restore thishttps://hcservices.ecourts.gov.in/hcservices/ appeal in 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 ismade, the Registry shall entertain the prayer withoutinsisting upon any application to be filed for condonation ofdelay in restoration of the appeal and on such request madeby the assessee by filing a Miscellaneous Petition forRestoration, the Registry shall place such petition beforethe Division Bench for orders and Consequently, theSubstantial Questions of Law are left open. No costs. Theconnected Miscellaneous Petition is closed. //True Copy// Sd/- Assistant Registrar (CS-VII) Sub Assistant Registrar Rj To1. The Income Tax Officer, Business ward – VIII(4), Chennai – 600 006.2. The Income Tax Appellate Tribunal, Chennai,"A" Bench3. The Commissioner of Inocme Tax(Appeals)-13, Nungambakkam, Chennai-34. +1cc to M/s.S.Ramesh Kumar, Advocate, S.R.No.20006 +1cc to Mr.Swaminathan, Advocate, S.R.No.20078 T.C.A.No.1225 of 2015 &M.P. No. 1 of 2015 GSM(CO)SB(07/10/2021)