M/S.lion Dates Impex (P) Ltd v. Income Tax Settlement Commission, Additional Bench, 640, Anna Salai, Chennai – 35. Additional Bench, 640, Anna Salai, Chennai – 35

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 07.06.2022 CORAM THE HONOURABLE DR. JUSTICE ANITA SUMANTH W.P.Nos.4661 & 4663 of 2019 & WMP.Nos.5277, 5278, 5282 & 5283 of 2019 M/s.Lion Dates Impex (P) Ltd.,No.40, Sterling Road, Nungambakkam,Chennai – 600 034, rep. by its Managing Director P.Ponnudurai. ... Petitioner in both W.P.'s Vs 1. Income Tax Settlement Commission, Additional Bench, 640, Anna Salai, Chennai – 35. Additional Bench, 640, Anna Salai, Chennai – 35. 2. The Commissioner of Income Tax (Appeals), Central-II, Chennai. Central-II, Chennai. 3. The Assistant Commissioner of Income Tax (AO), Central Circle-I, Trichy. Central Circle-I, Trichy. ... Respondents in both W.P.'s Common Prayer: Writ Petitions filed under Article 226 of theConstitution of India, to issue a Writ of CertiorarifiedMandamus, calling for the records relating to the order of the1[st] respondent made in S.A.No.TN/CN52/2014-15/57/IT dt 30.09.2016and consequential assessment orders of the 3[rd] respondent dt31.12.2018 & 28.12.2017 under Section 143(3) of IT Act, 1961 inrespect of the petitioner's AY 2016-17 and 2015-16 respectivelyand quash the same insofar as disallowance of deduction /exemption claimed u/s.80IB(11A) of the Income Tax Act, 1961 andconsequently direct the 3[rd] respondent to redo the same in strictadherence to the provisions as enshrined under Section 80IB andunder Section (11A) of Section 80IB. (Both the W.P.'s)For Petitioner : Mr.Vaibhav R.Venkatesh COMMON ORDER When the matter is taken up for hearing, Mr.A.P.Srinivas,learned Senior Standing Counsel points out that the petitionerhas duly disclosed in the affidavit filed in support of the WritPetitions that statutory appeals have been filed challenging theimpugned orders of assessment before the Commissioner of IncomeTax (Appeals). 2.In such circumstances, the present Writ Petitions arerendered non- maintainable, seeing as the petitioner has rightlyavailed of efficacious alternate remedy available under the Actand cannot be permitted to ride two horses simultaneously. 3. The order of the Settlement Commission, based upon whichthe impugned assessments have been framed, was challenged inW.P.No.36950 of 2016 which writ petition came to be dismissed bya learned Single Judge of this Court on 03.09.2021. To be notedthat the impugned orders of assessment relate to periodssubsequent to that dealt with by the Settlement Commission, butemanate substantially from the same. 4.As against the aforesaid order, the petitioner is beforethe Division Bench in W.A.No.2406 of 2021 in which orders arestated to have been reserved by the Division Bench on28.04.2022. Furthermore, the order of the learned Single Judgehas also been stayed by the Division Bench vide order dated20.09.2021. 5.In light of the above narration, it would be appropriatethat the hearing of the statutory appeals be deferred till suchtime orders are pronounced in W.A.No.2406 of 2021 and subject tothe result of the same as the order of the Settlement Commissionforms the basis, substantially, of the impugned assessments,though for subsequent periods. 6.This Writ Petition is dismissed with no order as to costs.Consequently, connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar kbs To 1. Income Tax Settlement Commission, Additional Bench, 640, Anna Salai, Chennai – 35. Additional Bench, 640, Anna Salai, Chennai – 35. 2. The Commissioner of Income Tax (Appeals), Central-II, Chennai. Central-II, Chennai. 3. The Assistant Commissioner of Income Tax (AO), Central Circle-I, Trichy. Central Circle-I, Trichy. +2cc to Mr.A.P.Srinivas, Advocate, S.R.No.33358 W.P.Nos.4661 & 4663 of 2019 &WMP.Nos.5277, 5278, 5282 & 5283 of 2019 GJ(CO)CT/27/07/2022