M/S.vijay Dairy & Farm Products (P) Ltd.,Tiruchy Thuraiyur Main Road,Peramangalam Village, Musiri Taluk,Tiruchy v. The Commissioner Of Income Tax,Tiruchirapalli

IN THE HIGH COURT OF JUDICATURE AT MADRAS CORAM THE HON'BLE MR.JUSTICE M. DURAISWAMYANDTHE HON'BLE MRS.JUSTICE T.V. THAMILSELVI Tax Case Appeal No.162 of 2013 M/s.Vijay Dairy & Farm Products (P) Ltd.,Tiruchy Thuraiyur Main Road,Peramangalam Village, Musiri Taluk,Tiruchy. ... Appellant/Respondent Vs. The Commissioner of Income Tax,Tiruchirapalli. ... Respondent/Appellant Tax Case Appeal filed under Section 260A of the IncomeTax Act, 1961 against the order of the Income Tax AppellateTribunal, Madras “A” Bench, dated 28.08.2012 passed inI.T.A.No.1060/Mds/2011, Assessment Year 2002-03 and againstthe order of the Commissioner of Income Tax (Appeals),Tiruchirapalli, dated 11.03.2011 passed in I.T.A.No.02/09-10,Assessmnet Year 2002-03 and against the Assistant Commissionerof Income Tax, Compnay Circle II, Trichy dated 27.03.2009passed in PAN/GIR No. , Assessment Year 2002-03. For Appellant : Mr.V.S.Jayakumar For Respondent : Mr.M.Swaminathan Senior Standing Counsel and Mrs.V.Pushpa Standing Counsel (Delivered by M. DURAISWAMY, J) The appeal filed by the assessee under Section 260A ofthe Income Tax Act, 1961 ('the Act' for brevity), is directedagainst the order, dated 28.08.2012, passed by the Income TaxAppellate Tribunal, Madras “A” Bench, Chennai ('the Tribunal'for brevity) in I.T.A.No.1060/Mds/2011 for the Assessment Year2002-03. The above appeal was admitted on 01.04.2013 on thefollowing Substantial Question of Law: https://hcservices.ecourts.gov.in/hcservices/ "Whether in the facts and circumstances of thecase, the learned Income Tax Appellate Tribunal wasright in law in not dismissing the Department'sappeal for the assessment years 2001-2002, 2002-2003and 2003-2004 by holding that the CIT(A) was rightin law in allowing the assessee appellant's appealsholding that the appellant as a small scaleindustrial undertaking operating a cold storageplant is eligible for full relief under Section 80IA(iv)(d) and 80IB(3) of the Income Tax Act, 1961?” 2. We have heard Mr.V.S.Jayakumar, learned counsel for theappellant/ assessee and Mr.M.Swaminathan, learned SeniorStanding Counsel and Mrs.V.Pushpa, learned Standing Counselfor the respondent/Revenue. 3. It may not be necessary for this Court to decide theSubstantial Question of Law framed for consideration onaccount of certain subsequent developments. The Government ofIndia enacted the Direct Tax Vivad Se Vishwas Act, 2020 (Act 3of 2020) to provide for resolution of disputed tax and formatters connected therewith or incidental thereto. The Act ofthe Parliament received the assent of the President on 17[th]March 2020 and published in the Gazette of India on 17[th]March2020. 4. We are informed by the learned counsel for theappellant/assessee that the assessee has already filed therequisite Forms 1 & 2 on 27.03.2021 under Section 4 of theAct. 3. It may not be necessary for this Court to decide theSubstantial Question of Law framed for consideration onaccount of certain subsequent developments. The Government ofIndia enacted the Direct Tax Vivad Se Vishwas Act, 2020 (Act 3of 2020) to provide for resolution of disputed tax and formatters connected therewith or incidental thereto. The Act ofthe Parliament received the assent of the President on 17[th]March 2020 and published in the Gazette of India on 17[th]March2020. 4. We are informed by the learned counsel for theappellant/assessee that the assessee has already filed therequisite Forms 1 & 2 on 27.03.2021 under Section 4 of theAct. 5. In the light of the fact that the assessee has alreadyavailed the benefit under the Act, no useful purpose would beserved in keeping the appeal pending. At the same time,safeguarding the interest of the assessee in the event theorder to be passed by the Department under the Act is not infavour of the assessee. Accordingly, the Tax Case Appealstands disposed of on the ground that the assessee has alreadyfiled the requisite Forms 1 & 2 and the Department shallprocess the application at the earliest in accordance with thesaid Act and communicate the decision to the assessee at theearliest. As observed, the assessee is given liberty torestore the appeal in the event the ultimate decision to betaken on the declaration filed by the assessee under Section 4of the said Act is not in favour of the assessee. If such aprayer is made, the Registry shall entertain the prayerwithout insisting upon any application to be filed forcondonation of delay in restoration of the appeal and on suchhttps://hcservices.ecourts.gov.in/hcservices/request made by the assessee by filing a Miscellaneous Petition for Restoration, the Registry shall place suchpetition before the Division Bench for orders. 6. With this observation, the Tax Case Appeal standsdisposed of with the aforementioned liberty and consequently,the Substantial Question of Law is left open. No costs. Sd/-Assistant Registrar(CS-VI) //True copy// mkn Sub Assistant Registrar To 1.The Income Tax Appellate Tribunal, Madras “A” Bench 2.The Commissioner of Income Tax, Tiruchirapalli. 3. The Assistant Commissioner of Income Tax, Company Circle-II, Trichy. +1cc to Mr.M.Swaminathan, Advocate SR.No.20518 Tax Case Appeal No.162 of 2013 NR(CO)GMY(22/06/2021)