Mr.t.m.abdul Shakoor v. The Assistant Commissioner Of Income Tax,Circle X,Chennai – 600 006

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 30.04.2021 CORAM THE HON'BLE MR.JUSTICE M. DURAISWAMYANDTHE HON'BLE MRS.JUSTICE R. HEMALATHA Tax Case Appeal No.139 of 2010 Mr.T.M.Abdul Shakoor,48/2, Wuthucattan Street,Periamet,Chennai – 600 003. ...Appellant Vs. The Assistant Commissioner of Income Tax,Circle X,Chennai – 600 006. ... Respondent Tax Case Appeal filed under Section 260A of the Income TaxAct, 1961 against the order of the Income Tax AppellateTribunal, Chennai "A" Bench, dated 25.08.2009 passed inI.T.A.No.546/Mds/2009. As against the order dated 18/12/2008 by the Office of theCommissioner of Income Tax (Appeals)-IV, Appeal No.CIT (A)-IV/CHE/59/07-08 in PAN No. for the Assessment Year2002-2003 and as against the order dated 26/10/2007 by theOffice of the Assistant Commissioner of Income Tax Circle X inPAN No.AAAPA8444K, Assessment Year 2002-2003. For Appellant : Mr.M.Kaushik for Mr.S.Sridhar For Respondent : Mr.M.Swaminathan Senior Standing CounselJ U D G M E N T(Delivered by M.DURAISWAMY, J.) This appeal filed by the assessee under Section 260A of theIncome Tax Act, 1961 ('the Act' for brevity), is directedagainst the order dated 25.08.2009 passed by the Income TaxAppellate Tribunal, Madras "A" Bench, ('the Tribunal' forbrevity) in I.T.A.No.546/Mds/2009 for the assessment year 2002- https://hcservices.ecourts.gov.in/hcservices/ 03. The above appeal has been admitted on 22.02.2010 on thefollowing Substantial Questions of Law: "1.Whether the Appellate Tribunal is correct inlaw in concluding that the provisions of section 80IA(9) of the Act were correctly applied in thequantification of deduction under section 80HHC ofthe Act by the respondent even though thequantification process under both sections weredifferent and independent especially there was noclaim of 'Double deduction/claim'? 2.Whether the Tribunal is correct in law insustaining the stand of the respondent on theinterpretation of section 80IA(9) of the Act, whilefurther sustaining the reduction of the quantifiedamount in terms of section 80IA(9) of the Act in theprocess of ascertaining the deduction under section80HHC of the Act, allowable in the computation oftaxable total income for the relevant assessment yearupon brushing aside the legal principles of'purposive and harmonious construction' of the Taxingstatute and further not considering the decision ofthe Apex Court reported in (1973) 88 ITR 192,Commissioner of Income-tax v. Vegetable ProductsLtd.?” 2. We have heard Mr.M.Kaushik for Mr.S.Sridhar,learned counsel for the appellant/assessee andMr.M.Swaminathan, learned Senior Standing Counsel for therespondent/Revenue. 3. It may not be necessary for this Court to decide theSubstantial Questions of Law framed for consideration on accountof certain subsequent developments. The Government of Indiaenacted the Direct Tax Vivad Se Vishwas Act, 2020 (Act 3 of2020) to provide for resolution of disputed tax and for mattersconnected therewith or incidental thereto. The Act of theParliament received the assent of the President on 17[th] March2020 and published in the Gazette of India on 17[th] March 2020. 4. We are informed by the learned counsel for the appellant/assessee that the assessee had already been issued with Form-3on 06.01.2021 and the learned counsel for the appellant seekspermission of this Court to withdraw the appeal. https://hcservices.ecourts.gov.in/hcservices/ 5. In view of the submission made by the learned counsel forthe appellant, the Tax Case Appeal stands dismissed aswithdrawn. No costs. Sd/- Assistant Registrar(CS IV) 4. We are informed by the learned counsel for the appellant/assessee that the assessee had already been issued with Form-3on 06.01.2021 and the learned counsel for the appellant seekspermission of this Court to withdraw the appeal. https://hcservices.ecourts.gov.in/hcservices/ 5. In view of the submission made by the learned counsel forthe appellant, the Tax Case Appeal stands dismissed aswithdrawn. No costs. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant RegistrarmknTo1.The Income Tax Appellate Tribunal, Chennai "A" Bench 2.The Assistant Commissioner of Income Tax, Circle X, Chennai – 600 006.3.The Commissioner of Income Tax (Appeals)-IV, Chennai.+1cc to M/s.M.Swaminathan, Advocate Sr.26516Tax Case Appeal No.139 of 2010ssn[co]srg 29/06/2021