M/S.tamil Nadu Steel Tubes Ltd v. The Assistant Commissioner Of Income-Tax,Central Circle Iii(1)

IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 01.04.2021 CORAMTHE HON'BLE MR.JUSTICE M. DURAISWAMYAND THE HON'BLE MRS.JUSTICE T.V. THAMILSELVI Tax Case Appeal No.100 of 2012andM.P.Nos.1 of 2013 & 1 of 2014 M/s.Tamil Nadu Steel Tubes Ltd.,15, Kondy Chetty Street,Chennai – 600 001. ...Appellant Vs. The Assistant Commissioner of Income-Tax,Central Circle III(1),121, Nungambakkam High Road,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 "C" Bench, dated 21.04.2011 passed inI.T.A.No.1369/Mds/2008, against the order of CIT(A)-VIII atChennai dt.31.03.2008 in ITA No.245/07-08 against theassessement order U/S 143(3) read with section 147 of the IncomeTax Act 1961 dated 29.12.2006 by the Income Tax Officer(OSD),Company Circle(III)(1) Chennai-34. For Appellant : Mr.P.R.ShankarFor Respondent : Mr.M.SwaminathanSenior Standing Counseland Mrs.V.PushpaStanding Counsel J 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 21.04.2011 passed by the Income TaxAppellate Tribunal, Madras "C" Bench, ('the Tribunal' forbrevity) in I.T.A.No.1369/Mds/2008 for the assessment year1999-2000. The assessee has raised the following SubstantialQuestions of Law in the above appeal. https://hcservices.ecourts.gov.in/hcservices/ "1.Whether on the facts and in the circumstancesof the case as stated above, the Tribunal, is rightin law to cure the jurisdictional notice underSection 292 B, even though there is no notice isissued for the assessment year 1999-2000? 2.Whether on the facts and in the circumstancesof the case, the Tribunal is right in law bydirecting the respondent to issue a fresh noticeafter the expiry of the limitation period? 3.Whether on the facts and in the circumstancesof the case, the Tribunal is right in law byaccepting a Corrigendum Notice without issuing avalid Notice under Section 148 for the re-assessment?” 2. We have heard Mr.P.R.Shankar, learned counsel for theappellant/assessee and Mr.M.Swaminathan, learned Senior StandingCounsel and Mrs.V.Pushpa, learned 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-3on 20.03.2021 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. Consequently, connected miscellaneouspetitions are closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar mkn https://hcservices.ecourts.gov.in/hcservices/ To 1. Income Tax Appellate Tribunal, Madras "C" Bench 2.The Assistant Commissioner of Income-Tax, Central Circle III(1), 121, Nungambakkam High Road, Chennai – 600 034. Central Circle III(1), 121, Nungambakkam High Road, Chennai – 600 034. 3.The Commissioner of Income Tax (Appeals)-VIII, No.121. M.G.Road, Chennai-34. +1 cc to Mr.P.R.Shankar, Advocate Sr No.21508+1 cc to Mr.M.Swaminathan, Advocate Sr No.21547 SS(CO)RG.29.04.02021(3P.6C) Tax Case Appeal No.100 of 201201.04.2021