M/S.sri Vigneshwara Foundrya v. The Assistant Commissioner Of Income Tax,Circle-111,Coimbatore

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 23.04.2021 CORAM THE HON'BLE MR.JUSTICE M. DURAISWAMYANDTHE HON'BLE MR.JUSTICE KRISHNAN RAMASAMY Tax Case Appeal No.116 of 2016and C.M.P.Nos.1935 of 2016 & 7383 of 2019 M/s.Sri Vigneshwara FoundryA-1095, Near Lakshmi Mills Co.,Avinashi Road, P.N.Palayam,Coimbatore – 641 037. ...Appellant Vs. The Assistant Commissioner of Income Tax,Circle-111,Coimbatore. ... Respondent Tax Case Appeal filed under Section 260A of the Income TaxAct, 1961 against the order of the Income Tax AppellateTribunal, Madras "C" Bench, dated 05.03.2015 passed inI.T.A.No.2010/Mds/2014, Assessment Year 2010-11, and this appealpreferred against the Commissioner of Income Tax (Appeals)-I,Coimbatore order dated 01/07/2014 made in Appeal No.28/13-14 forthe Assessment Year 2010-2011 and preferred against theAssistant Commissioner of Income Tax Circle-III, Coimbatoreorder dated 28/02/2013 made in P.A.No.AALFS5096H for theAssessment Year 2010-2011. For Appellant : Mr.N.S.Nandakumar For Respondent : Mr.T.R.Senthil Kumar Senior Standing Counsel and Mrs.K.G.Usha Rani Standing Counsel J U D G M E N T This appeal filed by the assessee under Section 260A of theIncome Tax Act, 1961 ('the Act' for brevity), is directed https://hcservices.ecourts.gov.in/hcservices/ against the order dated 05.03.2015 passed by the Income TaxAppellate Tribunal, Madras "C" Bench, ('the Tribunal' forbrevity) in I.T.A.No.2010/Mds/2014 for the assessment year2010-11. The above appeal was admitted on 22.02.2016 on thefollowing Substantial Questions of Law in the above appeal: "1.Whether the Assessing Officer whollydisallowed payments, when evidence has been given bymany persons receiving the same, admitting to suchreceipt merely on the fact that some of the workmendenied receipt of such payment, is perverse? 2.Whether a finding that a document relied uponby the assessee as an evidence of an agreement isinvalid, is sufficient for the Assessing Officer toconclude that payments have not been made especiallywhen, the factum of payment if seen independently,there are other evidence to prove the same, isperverse? And 3.Whether the Tribunal erred in uploading theorders of the Commissioner of Income Tax (Appeals)and the Assessing Officer based upon evidence ofwitnesses, who were not cross examined?” 2. We have heard Mr.N.S.Nandakumar, learned counsel for theappellant/assessee and Mr.T.R.Senthil Kumar, learned SeniorStanding Counsel and Mrs.K.G.Usha Rani, learned Standing Counselfor the respondent/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 28.12.2020 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. Consequently, connected miscellaneouspetitions are closed. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant RegistrarTo1. The Income Tax Appellate Tribunal, Madras "C" Bench, Chennai. 2.The Commissioner of Income Tax (Appeals)-I, Coimbatore.3.The Assistant Commissioner of Income Tax, Circle-111, Coimbatore.+1cc to Mr.N.S.Nandakumar, Advocate Sr.25542Tax Case Appeal No.116 of 2016kj[co]srg 29/06/2021