Maruthi Poly Bags P. Ltd., Pudukottai v. The Deputy Commissioner Of Income Tax, Circle 3(1), Trichy

IN THE HIGH COURT OF JUDICATURE AT MADRAS CORAM THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAMandTHE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA Tax Case Appeal Nos.402 to 404 of 2020 Maruthi Poly Bags P. Ltd.,Pudukottai...Appellant in all AppealVsThe Deputy Commissioner of Income Tax, Circle 3(1), Trichy...Respondent in all Appeal APPEALS under Section 260A of the Income Tax Act, 1961against the common order dated 09.10.2019 passed by the IncomeTax Appellate Tribunal, Madras 'B' Bench, Chennai made inI.T.A.Nos. 539 to 541/Chny/2019 respectively for the assessmentyears 2009-10, 2010-11 and 2011-12. Against the order of the Deputy Commissioner of Income Tax,Circle I(2), Trichy, Assistant Commissioner of Income TaxCircle-3(1), Trichy, Deputy Commissioner of Income Tax, Circle 3(1), Trichy dated 28.03.2014, 20.12.2017, 30.12.2016 inPAN.No.AACCM9978N for the Assessment Year 2011-2012, 2010-2011and 2009-2010 respectively. Against the order of the Commissioner of Income Tax(Appeals)-2, Chennai in ITA No.100/2014-15/CIT(A-2) TRY, dated02/02/2017, ITA No.134/2017-18/CIT(A)-I TRY dated 11.02.2019,ITA NO.251/2016-2017/CIT(A)-/TRY dated 11.02.2019, for theAssesment year 2011-2012, 2010-2011 and 2009-2010, respectively. For Appellant : Mr.V.S.Jayakumar For Respondent : Mr.M.Swaminathan, SSC Judgment was delivered by T.S.SIVAGNANAM,J These appeals have been filed by the assessee under Section260A of the Income Tax Act, 1961 ('the Act' for brevity)challenging the common order dated 09.10.2019 made inI.T.A.Nos.539 to 541/ Chny/2019 on the file of the Income TaxAppellate Tribunal, Chennai, 'B' Bench ('the Tribunal' forbrevity) respectively for the assessment years 2009-10, 2010-11and 2011-12. https://hcservices.ecourts.gov.in/hcservices/ 2. The assessee has filed these appeals by raising the followingsubstantial questions of law: “i. Whether, on the facts and in thecircumstances of the case, the Tribunal iscorrect in law in holding that the additionmade by the Lower Authorities is correct?ii. Whether the Tribunal is right inlaw in holding that the information receivedfrom the Central Excise Authorities would bejustified to reopen the income taxassessment ? iii. Whether the Tribunal is correct inlaw in holding that the computation made bythe appellant is not sustainable in law ?And iv. Whether the order of the Tribunalis right in law and is perverse when itconcluded that the sales in question isunaccounted and warrants addition for theyear under consideration ?” 3. We have heard Mr.V.S.Jayakumar, learned counselappearing for the appellant/assessee and Mr.M.Swaminathan,learnedSeniorStandingCounselappearingfortherespondent/Revenue.4. The learned counsel on behalf of the appellant/assesseesubmitsthattheassesseealreadyfiledthedeclaration/undertaking under the Vivad Se Vishwas Schemerespectively on 09.9.2020, 23.9.2020 and 23.9.2020 and isawaiting orders to be passed in Form No.3. 5. In the light of the subsequent event, the CompetentAuthority shall process the applications/declarations inaccordance with the Direct Tax Vivad Se Vishwas Act, 2020 (Act 3of 2020) and pass appropriate orders as expeditiously aspossible. The assessee is given liberty to restore these appealsin the event the ultimate decision to be taken on thedeclarations filed by the assessee under Section 4 of the saidAct is not in favour of the assessee. If such a prayer is made,the Registry shall entertain the prayer without insisting uponany applications to be filed for condonation of delay inrestoration of the appeals and on such request made by theassessee by filing miscellaneous petitions for restoration, theRegistry shall place such petitions before the appropriateDivision Bench for orders. 6. The tax case appeals stand disposed of with theaforementioned liberty. Consequently, the substantial questionsof law raised are left open. No costs. 6. The tax case appeals stand disposed of with theaforementioned liberty. Consequently, the substantial questionsof law raised are left open. No costs. Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar RSTo1.The Registrar, The Income Tax Appellate Tribunal, 'B' Bench, Chennai.2.The Deputy Commissioner of Income Tax, Circle 3(1), Trichy3.The Asst.Commissioner of Income Tax, Circle 3(1), Trichy.+1cc to Mr.V.S.Jaya Kumar, Advocate, S.R.No.37734+1cc to Mr.M.Swaminathan, Advocate, S.R.No.37904TCA.Nos.402 to 404 of 2020PPA(CO)KKV/23/12/2020