R.swarna v. The Assistant Commissioner Of Income Tax,Central Circle I(3)

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 04.02.2021 CORAM THE HON'BLE MR.JUSTICE M. DURAISWAMYANDTHE HON'BLE MRS.JUSTICE T.V. THAMILSELVI Tax Case Appeal Nos.169 & 170 of 2016 R.Swarna ... Appellant/Appellant in both TCAs Vs. The Assistant Commissioner of Income Tax,Central Circle I(3),No.108, Mahatma Gandhi Salai,Nungambakkam, Chennai – 600 034. ... Respondent/Respondent in both TCAs Tax Case Appeals filed under Section 260A of the Income TaxAct, 1961 against the order of the Income Tax AppellateTribunal, Madras "B" Bench, dated 30.04.2009 passed inI.T.A.Nos.2371/Mds/ 2007 for the Assessment year 2004-2005 and2372/Mds/2007 for the Assessment Year 2005-2006.and this appeal preferred against the commissioner ofIncome Tax(Appeals-I) Chennai-34, order dated 10/08/2007 made inITA No.93/06-07 for the Assessment year 2004-2005 CTCA No.169/16and ITA.94/06-07 for the Assessment year 2005-2006(TCA 170/2016)and preferred against the Assistant Commissioner of Income Tax,Central Circle(3), Chennai-34, Order dated 13.11.2006, made inPA/GI.NO.ANIPS.3560L for the Assessment Year 2004-2005(TCA.169/16) and 2005-2006(TCA.170/2016) These appeal filed by the assessee under Section 260A ofthe Income Tax Act, 1961 ('the Act' for brevity), are directedagainst the order dated 30.04.2009 passed by the Income TaxAppellate Tribunal, Madras “B” Bench, Chennai ('the Tribunal'for brevity) in I.T.A.Nos.2371/Mds/2007 and 2372/Mds/2007 for https://hcservices.ecourts.gov.in/hcservices/ the Assessment Years 2004-05 and 2005-06. The above appeals wereadmitted on 29.03.2016 on the following Substantial Questions ofLaw for consideration: “1)Whether on the facts and in the circumstancesof the case, the order of the Income Tax AppellateTribunal is not perverse in law? 2)Whether on the facts and in the circumstancesof the case, the Tribunal was right in confirming theassumption of jurisdiction under Section 153-C of theIncome Tax Act? 3)Whether on the facts and having regard to theprovisions of Section 145 of the Income Tax Act, underwhich the cash system of accounting was followed bythe appellant, the Tribunal was right in confirmingthe addition in regard to interest income?” 2. We have heard Mr.N.Devanathan, learned counsel for theappellant/assessee and Mr.T.R.Senthil Kumar, 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 the appellant/assessee that the assessee has already filed the requisite Forms- 1 & 2 on 25.12.2020, in both the appeals, under Section 4 ofthe Act. 5. In the light of the fact that the assessee has alreadyavailed the benefit under the Act, no useful purpose would beserved in keeping these appeals pending. At the same time,safeguarding the interest of the assessee in the event the orderto be passed by the Department under the Act is not in favour ofthe assessee. Accordingly, the Tax Case Appeals stand disposedof on the ground that the assessee has already filed therequisite Forms – 1 & 2 and the Department shall process theapplication at the earliest in accordance with the said Act andcommunicate the decision to the assessee at the earliest. Asobserved, the assessee is given liberty to restore the appealsin the event the ultimate decision to be taken on the Formsfiled by the assessee under Section 4 of the said Act is not infavour of the assessee. If such a prayer is made, the Registry https://hcservices.ecourts.gov.in/hcservices/ https://hcservices.ecourts.gov.in/hcservices/ shall entertain the prayer without insisting upon anyapplication to be filed for condonation of delay in restorationof the appeals and on such request made by the assessee byfiling a Miscellaneous Petition for Restoration, the Registryshall place such petition before the Division Bench for orders. 6. With this observation, the Tax Case Appeals standdisposed of with the aforementioned liberty and consequently,the Substantial Questions of Law are left open. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant RegistrarvaTo1.Income Tax Appellate Tribunal, Madras "B" Bench2.The Commissioner of Income Tax (Appeals-I),Chennai-34. 3.The Assistant Commissioner of Income Tax,Central Circle I(3),No.108, Mahatma Gandhi Salai,Nungambakkam, Chennai – 600 034.+1 cc to M/s.T.R.Senthilkumar, Advocate Sr.No. 6009.Tax Case Appeal Nos.169 & 170 of 2016KJ(CO)RMP(26/02/021)