M.anand2.Kousalya3.M.anitha v. Assistant Commissioner Of Income Tax,Central Circle – I

IN THE HIGH COURT OF JUDICATURE AT MADRAS THE HONOURABLE MR. JUSTICE R. MAHADEVANAND THE HONOURABLE MR. JUSTICE J. SATHYA NARAYANA PRASAD 1.M.Anand2.Kousalya3.M.Anitha Versus Assistant Commissioner of Income Tax,Central Circle – I, No.4, Williams Road,Cantonment, Tiruchirapalli – 620 001. .. Respondent in all cases Tax Case Appeals filed under Section 260A of the Income TaxAct, 1961 against the common order of the Income Tax AppellateTribunal, Madras “A” Bench, Chennai dated 22.08.2013 passed inI.T.A.Nos.2,3 & 4/Mds/2011 against the order dated 19.10.2010made in ITA No.337/09-10 ITA No.338/09-10, ITA No.339/09-10G.I.No./P.A.No.AACPM7037M for the assessment Year 2005-06,2006-07, 2007-08 on the file of the Commissioner of Income Tax(Appeals) Tiruchirapalli and against the order dated 29.12.2009made in PANO/GIR No.AACPM7037M for the Assessment Year 2005-06,2006-07, 2007-08 on the file of the Assistant Commissioner ofIncome Tax, Central Circle I, Tiruchirapalli. COMMON JUDGMENT (Judgment of the Court was delivered by R. MAHADEVAN, J.) These Tax Case Appeals have been filed by the appellants /Assessees challenging the common order dated 22.08.2013 passedby the Income Tax Appellate Tribunal, Bench 'A', Chennai ('the https://hcservices.ecourts.gov.in/hcservices/ Tribunal', for brevity) in I.T.A.Nos.2, 3 & 4/Mds/2011,relating to the assessment years 2005-2006, 2006-2007 & 2007-2008. 2.By order dated 13.03.2014, this court admitted theaforesaid tax case appeals on the following substantial questionof law:“Whethertheadvancetotheshareholders/Directors for business and commercialexpediency in development and acquisition of propertyby a company can constitute 'deemed dividend' underS.2(22)(e) of the Act?” 3.When these matters were taken up for consideration, thelearned counsel appearing for the appellants / assesseessubmitted that during the pendency of these tax case appeals,the assessees have availed the benefit conferred under theDirect Tax Vivad Se Vishwas Act, 2020 and hence, soughtpermission of this Court to withdraw these tax case appeals. Tosupport his submission, the learned counsel produced a copy ofthe communication sent by the first appellant to him throughemail dated 13.11.2021. 4. Recording the submission so made by the learned counselfor the appellants / assessees, permission is granted towithdraw these cases and accordingly, these tax case appeals aredismissed as withdrawn. No costs. Consequently, connectedmiscellaneous petitions are closed. Sd/- Assistant Registrar(CS-III) //True copy// dhk Sub Assistant Registrar To 1.The Income Tax Appellate Tribunal, “A” Bench Chennai. 2. The Commissioner of Income Tax (Appeals) No.44, Williams Road Cantonment, Tiruchirapalli – 620 001 3. The Assistant Commissioner of Income Tax, Central Circle -I, Tiruchirapalli. +1cc to Mr.M.Swaminathan, Advocate SR.No.10110 TCA Nos.751, 752 & 753 of 2013 GMR(CO)GMY(09/03/2022)