N. Damotharan Welfare Trust v. The Income Tax Officer, Ward Iii (1), Coimbatore

IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 27.01.2021 CORAM THE HON'BLE MR.JUSTICE M. DURAISWAMYANDTHE HON'BLE MRS.JUSTICE T.V. THAMILSELVI Tax Case Appeal Nos. 590 & 591 of 2009 N. Damotharan Welfare Trust,737, “Green Fields”,Puliakulam Road,Coimbatore – 641 045. ... Appellant in both the Appealsvs. The Income Tax Officer,Ward III (1), Coimbatore. ... Respondent in both the AppealsT.C.A.Nos.590 of 2009Tax Case Appeal filed under Section260A of the Income Tax Act, 1961 against the order of the IncomeTax Appellate Tribunal, “D” Bench, Chennai dated 28.03.2008passed in I.T.A.No.1415/Mds/2005 for the assessment Year 1996-97. against the order of the Commissioner of Income Tax(Appeals)I, Coimbatore dated 31.03.2005 in I.T.A.No.71-C/1999-2000, I.T.A.No.59/2001-2002 for the assessment year 1996-1997,1997-1998 respectively, (against) the order of the Income TaxOfficer, Ward I(2), Coimbatore dated 15.03.1999 & 29.03.2001respectively. T.C.A.Nos.591 of 2009Tax Case Appeal filed under Section260A of the Income Tax Act, 1961 against the order of the IncomeTax Appellate Tribunal, “D” Bench, Chennai dated 28.03.2008passed in I.T.A.No.1416/Mds/2005 for the assessment Year 1997-98.For Appellant : Mr.Kaushik in both cases for M/s. K.RaviFor Respondent : Mr.J. Narayanasamyin both cases Senior Standing Counsel COMMON JUDGMENT (Judgment was delivered by M.DURAISWAMY, J.) These appeals filed by the assessee under Section 260A ofthe Income Tax Act, 1961 ('the Act' for brevity), are directedagainst the order dated 28.03.2008 passed by the Income TaxAppellate Tribunal, “D” Bench, Chennai ('the Tribunal' forbrevity) in I.T.A.Nos.1415/Mds/2005 and 1416/Mds/2005 for theassessment years 1996-97 and 1997-98. 2. The appeals were admitted on 14.07.2009 on the followingSubstantial Questions of Law: “ 1) Whether in the facts and circumstances ofthe case, the Hon'ble Income Tax Appellate Tribunalis right in disallowing the claim of exemption u/s 11of the Income Tax Act, 1961? (ii) Whether in the facts and circumstances ofthe case, the Hon'ble Income Tax Appellate Tribunalhas given a perverse finding that the considerationhas not been passed even till date, when in fact, theconsideration has been passed and the same has beenrecorded in the order of the Commissioner of IncomeTax (Appeals)?(iii) Whether in the facts and circumstances ofthe case, the Hon'ble Income Tax Appellate Tribunalis right in invoking the provisions of Sec. 13(1) ©and Sec.13(1)(d) of the Income Tax Act, 1861, so as todeny exemption u/s 11 and 12 of the Income Tax Act,1961?” 2.. We have heard Mr.Kaushik, learned counsel for theappellant/ assessee and Mr.J. Narayanasamy learned SeniorStanding Counsel for 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 theappellant/ assessee that the assessee has already been issuedwith Form – 3 on 18.12.2020 for both the assessment years andthe learned counsel for the appellant seeks permission of thisCourt to withdraw the appeal. https://hcservices.ecourts.gov.in/hcservices/ 5. In view of the submission made by the learned counselfor the appellant, both the Tax Case Appeals stand dismissed aswithdrawn. No costs. 4. We are informed by the learned counsel for theappellant/ assessee that the assessee has already been issuedwith Form – 3 on 18.12.2020 for both the assessment years andthe learned counsel for the appellant seeks permission of thisCourt to withdraw the appeal. https://hcservices.ecourts.gov.in/hcservices/ 5. In view of the submission made by the learned counselfor the appellant, both the Tax Case Appeals stand dismissed aswithdrawn. No costs. s/d- Assistant Registrar True Copy Sub-Assistant RegistrarTo1. The Registrar Income Tax Appellate Tribunal Chennai “D” Bench.2. The Commissioner of Income Tax (Appeals)1 Coimbatore3. The Income Tax Officer, Ward III (1), Coimbatore.4. The Income Tax Officer Ward 1(2), CoimbatoreTax Case Appeal Nos.590 & 591 of 2009PPA(CO)SP(12/02/2021)