M/S.rajkumar Impex Pvt. Ltd.,B 603, Keshav Durga Apartments v. The Assistant Commissioner Of Income Tax,Company Circle – V(3),Chennai – 600 034

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 29.04.2021 CORAM THE HON'BLE MR.JUSTICE M. DURAISWAMYANDTHE HON'BLE MRS.JUSTICE R. HEMALATHA Tax Case Appeal No.330 of 2010 M/s.Rajkumar Impex Pvt. Ltd.,B 603, Keshav Durga Apartments,No.1, East Avenue,Keshav Perumal Puram, R.A.Puram,Chennai – 600 028. ...Appellant Vs. The Assistant Commissioner of Income Tax,Company Circle – V(3),Chennai – 600 034. ...Respondent Tax Case Appeal filed under Section 260A of the Income TaxAct, 1961 against the order of the Income Tax AppellateTribunal, Madras "B" Bench, dated 16.10.2009 passed inI.T.A.No.93/Mds/2009. Againsttheorderdated09/06/2008madeinI.T.A.No.592/2006-2007 on the file of the Commissioner of IncomeTax (Appeals)V, Chennai. Against the order dated 27/12/2006 made in P.A. No./GIR No.AAACK35773/53088-R on the file of the Income Tax Office(OSD)Company Circle-V(3), Chennai. For Respondent : Mr.T.Ravikumar 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 16.10.2009 passed by the Income TaxAppellate Tribunal, Madras "B" Bench, ('the Tribunal' for https://hcservices.ecourts.gov.in/hcservices/ brevity) in I.T.A.No.93/Mds/2009 for the assessment year 2004-05. The above appeal has been admitted on 28.06.2010 on thefollowing Substantial Questions of Law: "1.Whether on the facts and in the circumstancesof the case, the Tribunal was right in law in holdingthat the relief u/s.80IA should be deducted fromprofits and gains of business before computing reliefu/s.80HHC? 2.Whether on the facts and in the circumstancesof the case, the Tribunal ought to have appreciatedthat provision u/s.80IA(9) provides for avoidance ofdouble deduction under Section 80IA and 80HHC anddoes not alter the method of computation of deductionu/s.80HHC? 3.Whether on the facts and in the circumstancesof the case, the Tribunal was right in holding thatthe decision of the Hon'ble Madras High Court in thecase of M/s.BGeneral Optics (Asia) Ltd. v. DCIT (315ITR 400) is applicable to the present case, when thedecision was based on the fact that 80IA(9) was notpresent in the statute book for the relevant year?” 2. We have heard Mr.R.Venkata Narayanan for M/s.SubbarayaAiyar Padmanabhan, learned counsel for the appellant/assesseeand Mr.T.Ravikumar, 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-5on 22.04.2021 and the learned counsel for the appellant seekspermission of this Court to withdraw the appeal. 5. In view of the submission made by the learned counsel forthe appellant, the Tax Case Appeal stands dismissed aswithdrawn. No costs. s/d- Assistant Registrar True Copy Sub-Assistant Registrar mkn To 1. Income Tax Appellate Tribunal, Madras "B" Bench 2. The Commissioner of Income Tax (Appeal)- V Chennai. Chennai. 3. The Assistant Commissioner of Income Tax, Company Circle – V(3), Chennai – 600 034. Company Circle – V(3), Chennai – 600 034. +1 CC to Subbaraya Aiyar, Advocate, Sr 26513. +1 CC to T. Ravi Kumar, Advocate, Sr 26254. Tax Case Appeal No.330 of 2010 RSV(CO)SP(14/07/2021)