Pushpa C.kataria v. The Income Tax Officer, Ward Xi (4), Chennai

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.449 of 2015 Pushpa C.Kataria... AppellantVs. The Income Tax Officer,Ward XI (4), Chennai.... Respondent Appeal filed under Section 260A of the Income Tax Act, 1961against the order of the Income Tax Appellate Tribunal, Madras"D" Bench, dated 30.04.2014 passed in I.T.A.No.1893/Mds/2013. and against the order passed by Commissioner of Income Tax(Appeals)IV, 121,Mahatma Gandhi Road, Nungambakkam, Chennai-34,dated 18/04/2013 and made in ITA No.102/2012 for the Assessmentyear 2006-2007. For Appellant : Mr.R.SivaramanFor Respondent : Mr.M.Swaminathan, Senior Standing Counsel assisted by Ms.V.PushpaJ 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 30.04.2014 passed by the Income TaxAppellate Tribunal, Madras "D" Bench, ('the Tribunal' forbrevity) in I.T.A.No 1893/Mds/2013 for the assessment year 2006-07. 2.The appeal was admitted on 22.07.2015 on the followingSubstantial Questions of Law: “1)Whether on the facts and in the circumstancesof the case, the Appellate Tribunal was right in lawin directing the respondent to confine minimum penaltyonly qua disallowance/addition of Rs.40 lakhs? https://hcservices.ecourts.gov.in/hcservices/ of the case, the Appellate Tribunal was right in lawin confirming the minimum penalty of Rs.40 lakhs basedon the estimated addition with regard to boguspurchase of Rs.40 lakhs when the appellant haddischarged her burden by producing confirmationletters from her creditors?” 3.We have heard Mr.R.Sivaraman, learned counsel for theappellant/assessee and Mr.M.Swaminathan, learned Senior StandingCounsel for the respondent/Revenue. 4.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. 5.We are informed by the learned counsel for the appellant/assessee that the assessee had already been issued with Form – 3on 04.01.2021 and the learned counsel for the appellant seekspermission of this Court to withdraw the appeal. 6.In view of the submission made by the learned counsel forthe appellant, the Tax Case Appeal stands dismissed aswithdrawn. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar va To 1. Income Tax Appellate Tribunal, Madras "D" Bench 2. The Income Tax Officer, Ward XI (4), Chennai. 3.The Commissioner of Income Tax (Appeals)-IV,121, Mahadma Gandhi Road,Nungabakkam , Chennai-34.121, Mahadma Gandhi Road,Nungabakkam , Chennai-34. Tax Case Appeal No.449 of 2015 KV(CO) RMP(05/03/2021)