M/S. Cri Pumps (P) Ltd v. The Joint Commissioner Of Income - Tax, Range Iv

IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 14.02.2022 CORAM : THE HONOURABLE MR. JUSTICE R. MAHADEVANAND THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD T.C.A.No.1135 of 2015 M/s. CRI Pumps (P) Ltd., 7/46/1, Keeranatham Road, Saravanampatti, Coimbatore - 641 035.... Appellant Versus The Joint Commissioner of Income - tax, Range IV, 63, Race Course Road, Coimbatore - 641 018.... Respondent Tax Case Appeal filed under Section 260A of the Income TaxAct, 1961, against the order of the Income Tax AppellateTribunal,Chennai,“B”Bench,dated28.08.2015 inI.TA.No.578/Mds/2015 Against the order of the Commissioner ofIncome Tax (Appeals)-1, Coimbatore dated 20/02/2015 Appeal No.62/14-15 P.A/No-G.I.R.No.AAACC9497/N for the Assessment year2010-11 and against the order of the Joint Commissioner ofIncome Tax, Range IV, Coimbatore, dated 18.03.2014PA/No.AAACC9497N Circle Company Circle IV(2), Status-Coimbatore, Company, for the Assessment Year 2010-2011. (Judgment of the Court was delivered by R. MAHADEVAN, J.) This tax case appeal has been filed by the appellant /assessee, challenging the order dated 28.08.2015 passed by theIncome Tax Appellate Tribunal, 'B' Bench, Chennai, inI.T.A.No.578/Mds/2015, relating to the assessment year 2010-11. https://hcservices.ecourts.gov.in/hcservices/ 2.By order dated 08.12.2015, this court admitted theaforesaid tax case appeal on the following substantial questionof law: “Whether on the facts and in the circumstancesof the case the Income Tax Appellate Tribunal isright in law in rejecting the claim of the appellantfor additional depreciation?" 3. When the matter was taken up for consideration, thelearned counsel appearing for the appellant / assessee submittedthat during the pendency of this tax case appeal, the assesseehas filed the requisite Forms 1 and 2 under Section 4 of theDirect Tax Vivad Se Vishwas Act, 2020, which were accepted andForm 3 was issued to the assessee on 15.04.2021 by the Income TaxDepartment. The learned counsel has also filed a memo to thateffect. 4.The aforesaid submission made by the learned counsel forthe appellant / assessee has also been fairly conceded by thelearned senior standing counsel appearing for the respondent /Revenue. 5.This court heard the submissions made by the learnedcounsel on either side, as per which, the assessee has alreadyavailed the benefit conferred under the beneficial legislationviz., the Direct Tax Vivad Se Vishwas Act, 2020, enacted forresolution of disputed tax and for matter connected therewith orincidental thereto, which came into force with effect from17.03.2020; and the declarations submitted by the assessee werealso accepted and Form 3 was also issued to them by the IncomeTax Department. In view of such development, it is unnecessaryfor this court to decide the substantial question of law arisenin this tax case appeal. 6.Therefore, recording the submissions so made by thelearned counsel on either side, this appeal stands disposed of,directing the department to process the application at theearliest in accordance with the Act and communicate the decisionto the assessee at the earliest. No costs. Sd/- Assistant Registrar(CS-IX) //True Copy// av Sub Assistant Registrar To 1. The Income Tax Appellate Tribunal, Bench 'B', Chennai. Bench 'B', Chennai. 2. The Joint Commissioner of Income - tax, Range IV, 63, Race Course Road, Coimbatore - 641 018. Range IV, 63, Race Course Road, Coimbatore - 641 018. 3. The Commissioner of Income Tax (Appeals)-I, Coimbatore. Coimbatore. +1cc to Mr.M.Swaminathan, Advocate, S.R.No.9480 T.C.A.No.1135 of 2015 AD(CO)SB(28/02/2022)