S. Gowri v. Asst. Commissioner Of Income Tax Central Circle - 1 (2). Chennai - 600 034

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 15.06.2021 CORAM THE HON'BLE MR.JUSTICE M. DURAISWAMYANDTHE HON'BLE MRS.JUSTICE R. HEMALATHA Tax Case Appeal Nos.707, 709 & 710 of 2015 S. Gowri ... Appellant in all the TCAsv. Asst. Commissioner of Income TaxCentral Circle - 1 (2).Chennai - 600 034. ... Respondent in all the TCAs COMMON PRAYER: Tax Case Appeals filed under Section 260A ofthe Income Tax Act, 1961 against the orders of the Income TaxAppellate Tribunal, Madras "A" Bench, dated 12.12.2013 passedin I.T.A.Nos.1975,1977 & 2289/Mds/2012 for the assessmentYears 2003-04, 2008-09 and 2009-10 respectively TCA No.707/15 : appeal against the order of the Commissionerof Income Tax, (Appeals 1) 46, M.G.Road, Nungambakkam,Chennai-34 made in ITA No.62/11-12 dated 14/8/12 Assessmentyear 2003-04 and against the order of the AssistantCommissioner of Income Tax, Central Circle-1(2)(i/c), Chennai34 made in PAN dated 30/06/2011 assesmemnt year2003-04. TCA No.709/15 : Appeal against the order of the Income Tax(Appeals) 1 Circle-1(2((i/c), Chennain 34, ITA No.64/11-12,dated 14/08/2012, Assessment Year 2008-2009 and appeal againstthe order of the Assistant Commissioner of Income Tax, CentralCircle 1(2) No.46, M.G.Road, Chennai 34, made in PANNo.AAIPG6701G/Penalty/08-09 dated 30.06.2011, Assessment Year2008-09. TCA No.710/15 : Appeal against the order of the Commissionerof Income Tax (Appeals)-I, No.46, M.G.Road, NungambakkamChennai 34, made in ITA No.65/11-12 dated 10/09/2012,Assessment Year 2009-2010 and appeal against the order of theAssistant Commissioner of Income Tax, Central Circle-1(2)(i/c)No.46,M.G.Road,Chennai34madeinPANAAIPG6701G/Penalty/2009-10 dated 30.06.2011, Assessment Year2009-10. https://hcservices.ecourts.gov.in/hcservices/ For Appellant in all the TCAs : Mrs.Sri Niranjani For Respondent in all the TCAs : Mrs.V. Pushpa Senior Counsel C O M M O N J U D G M E N T (Delivered by M.DURAISWAMY, J.) These appeals are filed by the assessee under Section260A of the Income Tax Act, 1961 ('the Act' for brevity), aredirected against the order dated 12.12.2013 passed by theIncome Tax Appellate Tribunal, Madras "A" Bench, ('theTribunal' for brevity) in I.T.A.Nos.1975,1977 & 2289/Mds/2012for the assessment years 2003-2004, 2008-2009, and 2009-2010. 2. The appeals were admitted on the followingsubstantial questions of law:- "1. Whether on the facts and in thecircumstances of the case, the Tribunal is right inrestoring the penalty under Sec.271(1) (c ), whenthe sworn statements recorded clearly show that theincome was earned by the appellant's husband andinvested in the name of the appellant? 2. Whether on the facts and in thecircumstances of the case, the Tribunal is right inrestoring the penalty under S.271(1) (c ), when theadditions had been made only on the basis of theoffer made by the appellant's husband in good faithand to avoid litigation? 3. Whether Explanation 5A to Sec.271(1) (c )is applicable to a situation where there was nofinding by the Department that the assessee wasthe owner of any money bullion, jewellery or othervaluable investment etc., not disclosed to theDepartment; but additions were made only on thebasis of offer by the assessee's husband?” 3. We have heard Mrs.Sri Niranjani, learned counsel forthe appellant/assessee and Mrs.V.Pushpa, learned SeniorCounsel for the respondent/Revenue. 4. It may not be necessary for this Court to decide theSubstantial Questions of Law framed for consideration onhttps://hcservices.ecourts.gov.in/hcservices/account of certain subsequent developments. The Government of 3. Whether Explanation 5A to Sec.271(1) (c )is applicable to a situation where there was nofinding by the Department that the assessee wasthe owner of any money bullion, jewellery or othervaluable investment etc., not disclosed to theDepartment; but additions were made only on thebasis of offer by the assessee's husband?” 3. We have heard Mrs.Sri Niranjani, learned counsel forthe appellant/assessee and Mrs.V.Pushpa, learned SeniorCounsel for the respondent/Revenue. 4. It may not be necessary for this Court to decide theSubstantial Questions of Law framed for consideration onhttps://hcservices.ecourts.gov.in/hcservices/account of certain subsequent developments. The Government of India 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. 5. We are informed by the learned counsel for theappellant/ assessee that the assessee had already been issuedwith Form-3 on 10.12.2020 and the learned counsel for theappellant seeks permission of this Court to withdraw theappeal. 6. In view of the submission made by the learned counselfor the appellant, the Tax Case Appeals stand dismissed aswithdrawn. No costs. Sd/-Assistant Registrar(CS-VI) //True copy// gv Sub Assistant Registrar To 1. The Income Tax Appellate Tribunal, Madras "A" Bench 2.Asst. Commissioner of Income Tax Central Circle - 1 (2). Chennai - 600 034. 3. The Commissioner of Income Tax (Appeals)-I, 46, M.G.Road, Nungambakkam, Chennai-34. +1cc to M/s.Sri Niranjani, Advocate SR.No.27924 +1cc to Mr.M.Swaminathan, Advocate SR.No.27816 Tax Case Appeal Nos.707, 709 & 710 of 2015 SR II(CO)GMY(16/07/2021)