Mary Zachariah v. The Assistant Commissioner Of Income Tax, Non Corporate Circle – 15, Chennai – 600 034

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17.02.2021 CORAM THE HON'BLE MR.JUSTICE M. DURAISWAMYANDTHE HON'BLE MRS.JUSTICE T.V. THAMILSELVI Tax Case Appeal No.821 of 2016 Mary Zachariah ...AppellantVs. The Assistant Commissioner of Income Tax,Non Corporate Circle – 15,Chennai – 600 034. ... Respondent Tax Case Appeal filed under Section 260A of the IncomeTax Act, 1961 against the order of the Income Tax AppellateTribunal, Madras "C" Bench, dated 10.06.2016 passed inI.T.A.No.416/Mds/2016, preferred against the order of theCommissionerae of Income Tax(Appeals)-15, Chennai, order dated24-09-2015 made in ITA.No.97/15-16 preferred against the orderof the Assistant Commissioner of Income Tax, Non-corporateCircle-15(1), Chennai, order dated 23/03/2015 made inPAN/GIR.No.AAHPZ1796K for the Assessment year 2012-13. For Appellant : Mr.Arun Joseph, for M/s.J.Sree VidyaFor Respondent : Mr.M.Swaminathan, Senior Standing Counsel J U D G M E N T(Delivered by M.DURAISWAMY, J.) This appeal filed by the assessee under Section 260A ofthe Income Tax Act, 1961 ('the Act' for brevity), is directedagainst the order dated 10.06.2016 passed by the Income TaxAppellate Tribunal, Madras "C" Bench, ('the Tribunal' forbrevity) in I.T.A.No.416/Mds/2016 for the assessment year2012-13. On 29.11.2016, the appeal was admitted on thefollowing Substantial Questions of Law: “1)Whether on the facts and circumstances ofthe case, the Tribunal was right in holding thatthe appellant is not entitled to exemption underSection 54F for investment in three residential https://hcservices.ecourts.gov.in/hcservices/ Page numbers units in the same complex on the ground that two ofthe units are in a different block?2)Whether on the facts and circumstances ofthe case, the Tribunal was right in holding thatthe ration of the decision in the case ofV.R.Karpagam is not applicable to the appellant, asthe servants quarters were situated in a differentblock from the main residential unit?” 2. We have heard Mr.Arun Joseph, learned counsel for theappellant/assessee and Mr.M.Swaminathan, learned SeniorStanding Counsel for the respondent/Revenue. 3. It may not be necessary for this Court to decide theSubstantial Question 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. 4. We are informed by the learned counsel for theappellant/ assessee that the assessee has already been issuedwith Form – 3 on 21.01.2021 and the learned counsel for theappellant seeks permission of this Court to withdraw theappeal. 5. In view of the submission made by the learned counselfor the appellant, the Tax Case Appeal stands dismissed aswithdrawn. No costs. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar va To1.Income Tax Appellate Tribunal, Madras "C" Bench 2.The Assistant Commissioner of Income Tax, Non Corporate Circle – 15, Chennai – 600 034. https://hcservices.ecourts.gov.in/hcservices/ 3.The Commissioner of Income Tax(Appeals)-15, 121, Mahatma Gandhi Road, Chennai-34. 121, Mahatma Gandhi Road, Chennai-34. +1cc to M/s.J.Sreevidhya, Advocate SR.9260 +1cc to M/s.M.Swaminathan, Advocate SR.9682 Tax Case Appeal No.821 of 2016 CP(CO) CB(04/03/2021)