Now At : Soorya Foundation, Flat No.a-1, I Floor, N v. The Deputy Commissioner Of Income Tax, Corporate Circle 2(2), Chennai – 600 034

IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 25.02.2021 CORAM THE HON'BLE MR.JUSTICE M.DURAISWAMYANDTHE HON'BLE MRS.JUSTICE T.V.THAMILSELVITAX CASE APPEAL NOS.706, 330 AND 331 OF 2016 M/s.Jenneys Residency P. Ltd.,Soorya Foundation,Flat No.A-1, I Floor,No.152, (Old 104), Habibullah Road,T.Nagar, Chennai – 600 017. ... Appellantin T.C.A.No.706 of 2016 M/s.Jenneys Residency P. Ltd.,No.40, Unnamalai Ammal Street, T.Nagar,Chennai – 600 017. (Now at : Soorya Foundation,Flat No.A-1, I Floor,N.No.152, O.No.104,Habibullah Road,T.Nagar, Chennai – 17.) ... Appellantin T.C.A.Nos.330 & 331 of 2016Vs. The Deputy Commissioner of Income Tax,Corporate Circle 2(2),Chennai – 600 034. ... Respondentin T.C.A.No.706 of 2016 The Deputy Commissioner of Income Tax,Company Circle-II(3),Chennai – 600 034. ... Respondentin T.C.A.Nos.330 & 331 of 2016 Prayer in T.C.A.No.706 of 2016 : Tax Case Appeal filed under Section 260A of the Income TaxAct, 1961 against the order of the Income Tax AppellateTribunal, Madras "C" Bench, dated 31.05.2016 passed inI.T.A.No.747/Mds/2016. https://hcservices.ecourts.gov.in/hcservices/ Prayer in T.C.A.Nos.330 & 331 of 2016 : Tax Case Appeals filed under Section 260A of the Income TaxAct, 1961 against the order of the Income Tax AppellateTribunal, Madras "A" Bench, dated 30.06.2015 passed inI.T.A.Nos.1426 and 1427/Mds/2014 respectively. T.C.A.No.706 of 2016:-Appeal against the order of the Commissioner of Income Tax(Appeals)-6, Chennai-34 made in ITA.No.257/CIT(A)-6/2014-15,order dated 17.02.2016 Appeal against the order of the Deputy Commissioner ofIncome Tax Corporate Circle – 2(2), Chennai-34 made inPAN.No.AABCJ3735D, order dated 04.02.2015. T.C.A.No.330 of 2016:- Appeal against the order of the Commissioner of Income Tax(Appeals)-II, 121, Mahatma Gandhi Road, Nungambakkam, Chennai-34made in ITA.Nos.1333 & 1641/2013-14 order dated 18.03.2014. Appeal against the order of the Income Tax Officer, CompanyWard-II(1) Room No.515, New Block, 121, M.G.Road, Chennai-34made in PAN.No. . T.C.A.No.331 of 2016:- Appeal against the order of the Commissioner of Income Tax(Appeals)-II, 121, M.G.Road, Nungambakkam, Chennai-34 made inITA.Nos.1333 & 1641 of 2013-14 order dated 18.03.2014. Appeal against the order of the Deputy Commissioner ofIncome Tax, Company Circle II (3), 121, M.G.Road, Chennai-34made in AABCJ3735D order dated 22.02.2013. For Appellant : Mr.V.S.Jayakumar in all appeals For Respondent : Mr.Karthik Ranganathan The above appeals filed by the assessee under Section 260Aof the Income Tax Act, 1961 ('the Act' for brevity), aredirected against the orders dated 31.05.2016 passed inI.T.A.No.747/Mds/2016 on the file of the Income Tax Appellate https://hcservices.ecourts.gov.in/hcservices/ Tribunal, Chennai "C" Bench, ('the Tribunal' for brevity) andthe order of the Income Tax Appellate Tribunal, Madras "A"Bench, dated 30.06.2015, passed in I.T.A.Nos.1426 and1427/Mds/2014 for the assessment years 2012-13, 2008-09 and2010-11 respectively. The above appeals were admitted on23.09.2016 on the following substantial questions of law : “(a)Whether on the facts and circumstances of thecase, the Tribunal is correct in holding that theincome admitted by the appellant is not just and realincome under Section 4 read with Section 145 of theIncome Tax Act, 1961 as well as the accountingprinciples applicable to it ? (b)Whether the Income Tax Appellate Tribunal'sfindings are perverse on the facts and circumstancesof the case and therefore liable to be set aside ?” 2. We have heard Mr.V.S.Jayakumar, learned counsel for theappellant/assessee and Mr.Karthik Ranganathan, learned StandingCounsel for the respondent/Revenue. “(a)Whether on the facts and circumstances of thecase, the Tribunal is correct in holding that theincome admitted by the appellant is not just and realincome under Section 4 read with Section 145 of theIncome Tax Act, 1961 as well as the accountingprinciples applicable to it ? (b)Whether the Income Tax Appellate Tribunal'sfindings are perverse on the facts and circumstancesof the case and therefore liable to be set aside ?” 2. We have heard Mr.V.S.Jayakumar, learned counsel for theappellant/assessee and Mr.Karthik Ranganathan, learned StandingCounsel 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 the appellant/assessee that the assessee had already been issued with Form-3on 08.12.2020 and the learned counsel for the appellant seekspermission of this Court to withdraw the above appeals. 5. In view of the submission made by the learned counsel forthe appellant/assessee, the above Tax Case Appeals standdismissed as withdrawn. No costs. Sd/- Assistant Registrar(CS IX) //True Copy// mkn Sub Assistant Registrar To SRII(CO)CS/15/03/2021