S. Kalyankumar v. Asst. Commissioner Of Income Taxcentral Circle - 1 (2).Chennai - 600 034

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 Nos.711 to 715 of 2015 S. Kalyankumar ... Appellant in all the TCAs v. 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 of theIncome Tax Act, 1961 against the orders of the Income TaxAppellate Tribunal, Madras "A" Bench, dated 12.12.2013 passed inI.T.A.Nos.1990 to 1994/Mds/2012. Assessment year 2003-04,2004-05, 2005-06, 2007-08, 2008-09 for the Assessment year 2003-04, 2004-05, 2005-06, 2007-08, 2008-09 respectively againstthe Commissioner of Income Tax (Appeals)-I, Chennai – 600 034,dated 14.08.2012 made in ITA No.56,57,58,59,60 of 11-12 for theAssessment year 2003-04, 2004-05, 2005-06, 2007-08, 2008-09respectively against the Assistant Commissioner of Income Taxcentral circle-1(2)(i/C) Chennai – 34, dated 30.06.2011 made inPAN:AAKPK6295K/Penalty/2003-04,2004-05,2005-06,2007-08,2008-09respectively. 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 the https://hcservices.ecourts.gov.in/hcservices/ Income Tax Appellate Tribunal, Madras "A" Bench, ('the Tribunal'for brevity) in I.T.A.Nos.1990 to 1994/Mds/2012 for theassessment years 2003-2004, 2004-2005, 2005-2006, 2007-2008 and2008-2009. 2. The appeal was admitted on the following substantialquestions of law :- " Whether on the facts and in the circumstancesof the case, the Tribunal is right in restoring thepenalty under Sec.271(1) (c ), when the swornstatements recorded clearly show that the income wasearned by the appellant's father-in-law andinvested in the name of the appellant? 2. Whether on the facts and in the circumstancesof the case, the Tribunal is right in restoring thepenalty under S.271(1) (c ), when the additions hadbeen made only on the basis of the offer made by theappellant's father-in-law in good faith and to avoidlitigation? 3. Whether Explanation 5A to Sec.271(1) (c ) isapplicable to a situation where there was no findingby the Department that the assessee was the owner ofany money bullion, jewellery or valuable investmentetc., not disclosed to the department; but additionswere made only on the basis of offer by theassessee's father-in-law?” 3. We have heard Mrs.Sri Niranjani, learned counsel for theappellant/assessee and Mrs.V.Pushpa, learned Senior Counsel forthe 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-3 https://hcservices.ecourts.gov.in/hcservices/ 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-3 https://hcservices.ecourts.gov.in/hcservices/ on 10.12.2020 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. Consequently, connected miscellaneouspetitions are closed. Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant RegistrargvTo1. 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, Mahatma Gandhi Road, Nungambakkam, Chennai 600 034. +1cc to M/S.S.Sriniranjani, Advocate, S.R.No.27926+1cc to M/S.M.Swaminathan, Advocate, S.R.No.27815 Tax Case Appeal Nos.711 to 715 of 2015 JP(CO)SU(26/07/2021) https://hcservices.ecourts.gov.in/hcservices/