M/S Icici Bank Ltd., Accounting & Taxation Group v. The Joint Commissioner Of Income Tax, Special Range - Iii, Chennai

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 13.06.2022 CORAM : THE HONOURABLE MR. JUSTICE R. MAHADEVAN ANDTHE HONOURABLE MR. JUSTICE MOHAMMED SHAFFIQ T.C.A.NOS.276 AND 277 OF 2009 M/s ICICI Bank Ltd., Accounting & Taxation Group, 192, Anna Salai, Chennai - 600 002.Now at 4th Floor, West Wing, 93, Sathome High Road, Chennai - 600 028. ... Appellant in both TCAs Versus The Joint Commissioner of Income Tax, Special Range - III, Chennai. ... Respondent in both TCAs Appeals preferred under Section 260A of the Income Tax Act,1961, against the common order of the Income Tax AppellateTribunal, “A” Bench, Chennai, dated 22.06.2007 in I.T.A.Nos.817and 818/Mds/2003 for the Assessment years 1996-1997 & 1995-1996respectively. TCA.No.276 of 2009: Against the order passed by the Commissioner of Income Tax,Chennai-1, dated 21.02.2003 & 16.07.1999 in C.No.217/CIT-1/02-03& ITA.No.9/99/2000 respectively against the Assessment orderpassed by the Joint Commissioner of Income Tax, Special rangeIII, Chennai on 31.03.1999. TCA.No.277 of 2009: Against the order passed by the Commissioner of Income Tax, Chennai-1, dated 21.02.2003 & 21.07.1998 in C.No.217/CIT-1/02-03& ITA.No.2/98-99 against the Assessment order passed by theJoint Commissioner of Income Tax, Special range III, Chennai on31.03.1998. For Appellant : Mr.R.Venkatanarayan for M/s.Subbaraya Aiyar in both TCAs For Respondent: Mr.T.Ravi Kumar and Mrs.R.HemalathaStanding Counsel in both TCAs (Judgment of the Court was delivered by R.MAHADEVAN, J.) These tax case appeals have been filed by the appellant /assessee, challenging the common order dated 22.06.2007 passedby the Income Tax Appellate Tribunal, Chennai, 'A' Bench, inI.TA.Nos. 817 and 818/Mds/2003, relating to the assessment years1996-97 and 1995-96 respectively. 2.By order dated 22.06.2009, this court admitted theaforesaid tax case appeals on the following substantialquestions of law: “(i) Whether on the facts and in thecircumstances of the case the Tribunal was right inholding that the assessment order passed under section143(3) r.w.s.251 as per the direction of theCommissioner of Income Tax (Appeals) on specific issuerelating to lease transactions was erroneous andprejudicial to the interest of revenue in respect ofother items other than the lease transactions? (ii) Whether the Tribunal failed to appreciatethat the CIT (Appeals) has given specific directionfor reconsidering only lease transactions and henceC.I.T, has no jurisdiction under section 263 to revisethe order in respect of issues not directed by CIT(Appeals)? " 3.When these matters were taken up for consideration, thelearned counsel appearing for the appellant / assessee submittedthat during the pendency of these tax case appeals, 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 19.01.2021 and 20.01.2021 by the Income Tax Department. The learned counsel has alsofiled Form 3 dated 19.01.2021and 20.01.2021 to that effect. 4.The aforesaid submission made by the learned counsel forthe appellant / assessee has also been fairly conceded by thelearned 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 matters connected therewithor incidental 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 questions of law arisenin these tax case appeals. 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 matters connected therewithor incidental 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 questions of law arisenin these tax case appeals. 6.Therefore, recording the submissions so made by thelearned counsel on either side, these appeals stand disposed of,directing the department to process the applications inaccordance with the Act and communicate the decision to theassessee at the earliest. No costs. Sd/- //True Copy// av Sub Assistant Registrar To 1. The Income Tax Appellate Tribunal, Chennai, “A” Bench. 2. The Joint Commissioner of Income Tax, Special Range - III, Chennai. 3. The Commissioner of Income Tax, Chennai-1. +1cc to Mr.T.Ravi Kumar, Advocate, S.R.No.34309 EV(CO)PM/19/07/2022 T.C.A.Nos.276 and 277 of 2009