Principal Commissioner Of Income Tax, Central – 1 v. M/S.hotel Saravana Bhavan

IN THE HIGH COURT OF JUDICATURE AT MADRAS CORAM THE HON'BLE MR.JUSTICE M. DURAISWAMYANDTHE HON'BLE MRS.JUSTICE R. HEMALATHA Tax Case Appeal No.206 of 2020 Principal Commissioner of Income Tax,Central – 1,No.108, Nungambakkam High Road,Chennai – 600 034. ... AppellantVs. M/s.Hotel Saravana Bhavan,C/o.T.N.Seetharaman, Advocate,No.384, (Old No.196), Lloyds Road,Chennai – 600 086. ...Respondent Tax Case Appeal filed under Section 260A of the IncomeTax Act, 1961 against the order of the Income Tax AppellateTribunal, Chennai "A" Bench, dated 22.11.2019 passed inI.T.A.No.474/Chny/2019 against the order passed by theCommisioner of Income Tax (A)18,Chennai dated 14.01.2019 madein ITA.NO.405/16-17 and against the order passed by theAssistant Commisioner of Income Tax,Central Circle -I(3),Chennai, dated 22.05.2017 made in PAN:AABFH3049 M. For Appellant : Mr.T.R.Senthil Kumar Senior Standing Counsel and Mrs.K.G.Usha Rani Standing Counsel For Respondent : Mr.R.KumarJ U D G M E N T(Delivered by M.DURAISWAMY, J.) This appeal filed by the Revenue under Section 260A ofthe Income Tax Act, 1961 ('the Act' for brevity), is directedagainst the order dated 22.11.2019 passed by the Income TaxAppellate Tribunal, Chennai "A" Bench, ('the Tribunal' forbrevity) in I.T.A.No.474/Chny/2019 for the assessment year2014-15. The above appeal has been admitted on 13.08.2020 onthe following Substantial Questions of Law: https://hcservices.ecourts.gov.in/hcservices/ "1.Whether on the facts and in thecircumstances of the case, the Appellate Tribunalwas correct in law in directing the AssessingOfficer to levy the penalty under Section 271AAB ofthe IT Act at 10% of the undisclosed income? 2.Whether on the facts and in the circumstancesof the case, the Appellate Tribunal was correct inlaw in not appreciating the fact that the assesseedid not file the return of income before thespecified due date and therefore the assessee's casefalls squarely under sub clause (c) of sub section(1) of Section 271AAB of the I.T. Act?” 2. We have heard Mr.T.R.Senthil Kumar, learned SeniorStanding Counsel and Mrs.K.G.Usha Rani, learned StandingCounsel for the appellant/Revenue and Mr.R.Kumar, learnedcounsel for the respondent/assessee. 3. It may not be necessary for this Court to decide theSubstantial Questions 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.Learned counsel for the respondent/assessee submittedthat the assessee had availed the Vivad Se Vishwas Scheme andthat the respondent/assessee had already been issued withForm–3 on 30.03.2021. 5.Since the respondent/assessee had been issued withForm-3, nothing survives for adjudication in the above appeal.Recording the submission made by the learned counsel for therespondent/assessee, the Tax Case Appeal stands disposed of.No costs. //True Copy// To 1. Income Tax Appellate Tribunal, Chennai "A" Bench 2.The Principal Commissioner of Income Tax, Central – 1, No.108, Nungambakkam High Road, Chennai – 600 034. Central – 1, No.108, Nungambakkam High Road, Chennai – 600 034. 3.The Commisioner of Income Tax (A)18,Chennai 4.The Assistant Commisioner of Income Tax,Central Circle -I(3),Chennai.(3),Chennai. +1cc to Mr.T.R.Senthil Kumar , Advocate SR.No. 23831Tax Case Appeal No.206 of 2020A.SK(11.06.2021)