K. Meenakshisundraam v. The Commissioner Of Income Tax.chennai Ii, Chennai

IN THE HIGH COURT OF JUDICATURE AT MADRAS THE HON'BLE MR. JUSTICE M.DURAISWAMYAND THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI K. Meenakshisundraam... Appellant in both TCA v. The Commissioner of Income Tax.Chennai II, Chennai ... Respondent in both TCA Appeals preferred under Section 260A of the Income Tax Act,1961, against the common order of the Income Tax AppellateTribunal, Chennai, ''D'' Bench, dated 05.01.2009 in I.T(ss)A.No.118/Mds/2007 & I.T(ss)A.No.124/Mds/2007 for theAssessment Years 1989-90 to 2001-02. Appeal filed against theorder of Commissioner of Income-Tax(Appeals)-II Madurai dated30/04/07 and made in PAN/GIR No: for the Assessmentyear 1989-90 to 2000-2001 as against the order of the DeputyCommissioner of Income Tax Central Circle-I, C.R.Buildings,V.P.Rathnasamy Nadar Road, Madurai-625 002 dated 28/12/2001and made PAN/GIR No:A207, for the Assessment year 1990-91 to2000-2001. For Respondent : Ms. S. Premalatha(in both TCA) Standing Counsel These appeals, filed by the assessee under Section 260Aof the Income Tax Act, 1961 (for short, the Act) are directedagainst the common order dated 05.01.2009 made in I.T(ss)A.No.118/Mds/2007 & I.T(ss)A.No.124/Mds/2007 on the file ofthe Income Tax Appellate Tribunal, Chennai, ''D'' Bench (forbrevity, the Tribunal) for the Assessment Years 1989-90 to2001-02. https://hcservices.ecourts.gov.in/hcservices/ 2.The appeals were admitted on 31.01.2011 on thefollowing substantial questions of law: " (i) Whether on the facts and thecircumstances of the case, the Tribunal isjustified in law in rejecting the claim of baddebt of Rs.54,58,186/- being the amount of creditsales of jewellery shown as sundry debtors in theloose slips found in the course of search andoutstanding on the date of search? (ii) Whether on the facts and in thecircumstances of the case the conclusion of theTribunal on the disallowance of claim of loss ofRs.6,55,143/- is perverse, though they wererelatable only to the search material and notrecorded in the books of the assessee evenaccording to the assessing officer? (iii) Whether on the facts and thecircumstances of the case, the Tribunal isjustified in law in its conclusion that the amountof Rs.8,98,942/- wasthe UDI of the assesseeconsidering that there was no search material toany such unexplained family expenses but wasbased only on the statement recorded from theassessee?" 3. We have heard Mr.T.Vasudevan, learned counsel for theappellant and Ms. S. Premalatha, learned Standing Counselfor 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. We are informed by the learned counsel for theappellant/assessee that in both the cases, the assessee hasalready filed the requisite Form 1 on 27.01.2021 under Section4 of the Act. 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. We are informed by the learned counsel for theappellant/assessee that in both the cases, the assessee hasalready filed the requisite Form 1 on 27.01.2021 under Section4 of the Act. 6. In the light of the fact that the assessee has alreadyavailed the benefit under the Act, no useful purpose would beserved in keeping this appeals pending. At the same time,safeguarding the interest of the assessee in the event theorder to be passed by the Department under the Act is not infavour of the assessee. Accordingly, the Tax Case Appealsstand disposed of on the ground that the assessee has alreadyfiled requisite Form 1 in both the cases and theDepartment shall process the applications at the earliest inaccordance with the said Act and communicate the decision tothe assessee at the earliest. As observed, the assessee isgiven liberty to restore this appeal in the event the ultimatedecision to be taken on the declaration filed by the assesseeunder Section 4 of the said Act is not in favour of theassessee. If such a prayer is made, the Registry shallentertain the prayer without insisting upon any application tobe filed for condonation of delay in restoration of theappeals and on such request made by the assessee by filing aMiscellaneous Petition for Restoration, the Registry shallplace such petition before the Division Bench for orders. 7. With these observations, the Tax Case Appeals standdisposed of with the aforementioned liberty and Consequently,the Substantial Questions of Law are left open. No costs. Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar Rj To 1.The Income Tax Appellate Tribunal, Chennai 'D' Bench, Chennai, Chennai 'D' Bench, Chennai, 2.The Commissioner of Income Tax. Chennai II. Chennai II. 3.The Commissioner of Income Tax(Appeals) II Madurai. Madurai. 4.Deputy Commissioner of Income Tax Central Circle-I, C.R.Building, V.P.Rathnasamy Nadar Road, Madurai-625 002. Central Circle-I, C.R.Building, V.P.Rathnasamy Nadar Road, Madurai-625 002. +1cc to Mr.R.Janakiraman, Advocate SR.9978 +1cc to Mr.M.Swaminathan, Advocate SR.9681 T.C.A.Nos.44 & 45 of 2011 KV(CO)CB(10/03/2021)