Shri P.k.duraisamy v. The Assistant Commissioner Of Income Tax, Central Circle Ii, Coimbatore

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 02.3.2021 CORAM THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAMandTHE HONOURABLE MS.JUSTICE R.N.MANJULA Tax Case Appeal No.403 of 2019 Shri P.K.Duraisamy ...AppellantVs The Assistant Commissioner ofIncome Tax, Central Circle II,Coimbatore. ...Respondent APPEAL under Section 260A of the Income Tax Act, 1961against the order dated 30.1.2019 passed by the Income TaxAppellate Tribunal, Madras 'B' Bench, Chennai made inI.T.A.No.816/Chny/2013 for the assessment year 2008-09,preferred against the order of the Commissioner of Income Tax(Appeals)-II, Coimbatore (CIT (A)) dated 06/03/2013 inI.T.Appeal No.59/10-11 for the Assessment Year 2008-2009preferred against the order dated 30/06/2010 made in ACRPD1392F/08-09 passed by the Assistant Commissioner of IncomeTax, Central Circle-II, Coimbatore. For Appellant: Mr.A.S.SriramanFor Respondent: Mr.T.R.Senthilkumar, SSC assisted byMs.K.G.Usharani, JSC Judgment was delivered by T.S.SIVAGNANAM,J This appeal has been filed by the assessee under Section260A of the Income Tax Act, 1961 ('the Act' for brevity)challengingtheorderdated30.1.2019madeinI.T.A.No.816/Chny/2013 on the file of the Income Tax AppellateTribunal, Chennai, 'B' Bench ('the Tribunal' for brevity) forthe assessment year 2008-09. 2. The appeal was admitted on 22.7.2020 on the followingsubstantial questions of law :““i. Whether penalty under Section271AAA of the Act is justifiably leviable inthe context of wrong initiation of the https://hcservices.ecourts.gov.in/hcservices/ proceedings as reflected in the show causenotice issued? ii. Whether the Appellate Tribunal haspower to deviate from the decision of thejurisdictional High Court and jurisdictionalBench of the Income Tax Appellate Tribunalon the identical question of law consideredand answered by them ? iii. Whether the provisions of Section271AAA of the Act can be justifiablyinvoked/ levied despite the satisfaction ofthe conditions for the applicability of theexceptions carved out in the said penalprovisions of the Act ? And iv. Whether the Appellate Tribunal iscorrect in confirming the levy of penaltyunder Section 271AAA of the Act in thecontextoftheappellant/assesseesurrendering the undisclosed income in thereturn of income filed based on thestatements recorded under Section 132(4) ofthe Act and further undisputedly compliedthe other consequential conditions ?” 3. We have heard Mr.A.S.Sriraman, learned counsel for theappellant/assessee and Mr.T.R.Senthilkumar, learned SeniorStanding Counsel assisted by Ms.K.G.Usharani, learned JuniorStanding Counsel appearing for the respondent/Revenue. 4. The learned counsel for the assessee submits that theassessee already filed the declaration/undertaking under theVivad Se Vishwas Scheme and orders were passed on 11.1.2021 inForm No.3. 5. In the light of the subsequent event, the assessee isgiven liberty to restore this appeal in the event the ultimatedecision taken on the declaration filed by the assessee underSection 4 of the said Act is not in favour of the assessee. Ifsuch a prayer is made, the Registry shall entertain the prayerwithout insisting upon any application to be filed forcondonation of delay in restoration of the appeal and on suchrequest made by the assessee by filing a miscellaneous petitionfor restoration, the Registry shall place such petition beforethe appropriate Division Bench for orders. 6. The tax case appeal stands disposed of with theaforementioned liberty. Consequently, the substantial questionsof law framed are left open. No costs. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar 6. The tax case appeal stands disposed of with theaforementioned liberty. Consequently, the substantial questionsof law framed are left open. No costs. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar To1.The Income Tax Appellate Tribunal, 'B' Bench, Chennai.2.The Assistant Commissioner of Income Tax, Central Circle II, Coimbatore.3.The Commissioner of Income Tax (Appeals)-II, Coimbatore.+1cc to Mr.T.R.Senthil Kumar, Advocate Sr.13495+1cc to Mr.S.Sridhar, Advocate Sr.13499TCA.No.403 of 2019pm[co]srg 22/03/2021