Shri N.kanagendranno.137, Jawaharlal Nehru Sali,Ekkaduthangal,Chennai – 600 097 v. The Assistant Commissioner Of Income-Tax,Company Circle – I(3)

IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 06.07.2021 CORAM THE HON'BLE MR.JUSTICE M. DURAISWAMYANDTHE HON'BLE MRS.JUSTICE R. HEMALATHA Tax Case Appeal No.1245 of 2009 Shri N.KanagendranNo.137, Jawaharlal Nehru Sali,Ekkaduthangal,Chennai – 600 097. ... Appellant Vs. The Assistant Commissioner of Income-Tax,Company Circle – I(3),121, Nungambakkam High Road,Chennai – 600 034. ... Respondent Tax Case Appeal filed under Section 260A of the Income TaxAct, 1961 against the order of the Income Tax AppellateTribunal, Madras "B" Bench, dated 26.06.2009 passed inI.T.A.No.2018/Mds/2008. Appeal filed under Section 260A of theIncome Tax Act, 1961 against the order of the Income TaxAppellate Tribunal, 'B' Bench, Chennai dated 26.06.2009 in ITANo.2018/Mds/2008 for the Assessment Year 2003-04 against theOrder of the Commissioner of Income Tax Appeals(A)-III, Chennaidated 29.07.2008 in ITA No.18/2008-09, against the levy ofpenalty order of the Assistant Commissioner of Income TaxCompany Circle 1(3) Chennai-34 dated 28.03.2008, against theorder of the proceedings of the Assistant Commissioner of IncomeTax, Company Circle 1(3) (i/c), Chennai dated 23.12.2005 for theAssessment Years 2003-04. For Appellant : Ms.Sri Niranjani Srinivasanfor M/s.N.Muthukumar For Respondent : Mr.Karthik RanganathanSenior Standing Counsel J 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 26.06.2009 passed by the Income TaxAppellate Tribunal, Madras "B" Bench, ('the Tribunal' forbrevity) in I.T.A.No.2018/Mds/2008 for the assessment year2003-2004. The above appeal was admitted on the followingSubstantial Question of Law: "Whether on the facts and in the circumstancesof the case the Income Tax Appellate Tribunal isright in law in confirming the levy of penalty underSection 271(1)(c) of the Income Tax Act in respect ofAssessment Year 2000-01?” 2. We have heard Ms.Sri Niranjani Srinivasan, learnedcounsel for the appellant/assessee and Mr.Karthik Ranganathan,learned Senior Standing 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 had already been issued with Form-3on 02.02.2021 and the learned counsel for the appellant seekspermission of this Court to withdraw the appeal. 5. In view of the submission made by the learned counsel forthe appellant, the Tax Case Appeal stands dismissed aswithdrawn. No costs. Sd/- Assistant Registrar(CS-VII) //True Copy// mkn Sub Assistant Registrar To 1. The Registrar, Income Tax Appellate Tribunal, Madras "B" Bench 2. The Commissioner of Income Tax(A)-III, Chennai. Chennai. 3. The Assistant Commissioner of Income-Tax, Company Circle – I(3), 121, Nungambakkam High Road, Chennai – 600 034. Company Circle – I(3), 121, Nungambakkam High Road, Chennai – 600 034. Tax Case Appeal No.1245 of 2009 PPA(CO)SU(27/09/2021)