Shri R.panneerselvam (Individual) v. The Assistant Commissioner Of Income Tax Business Circle Ii Chennai-600 034

IN THE HIGH COURT OF JUDICATURE AT MADRAS CORAM THE HON'BLE MR. JUSTICE R. MAHADEVANAND THE HON'BLE MR. JUSTICE MOHAMMED SHAFFIQ Tax Case Appeal Nos. 459 to 462 and 469 to 472 of 2016andC.M.P. Nos. 9538 to 9540 and 9668 to 9671 of 2016 Shri R.Panneerselvam (Individual)No.43, Sarangapani StreetT.Nagar, Chennai – 600 017.PAN: ... Appellant in all Tax CaseAppeals/RespondentVs. The Assistant Commissioner of Income TaxBusiness Circle IIChennai-600 034. ... Respondent in all Tax CaseAppeals/Appellant Tax Case Appeals filed under Section 260A of the Income TaxAct, 1961 against the order of the Income Tax AppellateTribunal, “C” Bench Chennai, dated 04.09.2015 passed inI.T.A.Nos.1484, 1487, 1488 & 1489/Mds/2012 and C.O.Nos. 155,158, 159 & 160/Mds/2021 in I.T.A.Nos.1484, 1487, 1488 &1489/Mds/2012 for the Assessment Years 2003-04, 2005-06, 2006-07& 2007-08 against the order of the Commissioner of Income Tax(Appeals-VI), Chennai-34, dated 30.04.2012 in ITA.No.637,639,641& 642/10-11 against the order of the Assistant Commissioner ofIncome Tax, Business Circle-II, Chennai-34, dated 31.12.2010 inP.A.No./G.I.R.No. AAGPP5343K against the order of the AssistantCommissioner of Income Tax Circle-II, Chennai-34, dated21.02.2006 in PAN No. for the Assessment Years 2003-042005-06 & 2007-08. For Appellant : Mr. A.S.Sriraman in all Tax Case AppealsFor Respondent : Mr. T.Ravikumar in all Tax Case Appeals https://hcservices.ecourts.gov.in/hcservices/ (Judgment was delivered by R. MAHADEVAN, J.) These Tax Case Appeals have been filed by the Assessee,challenging the order dated 04.09.2015 passed by the Income TaxAppellate Tribunal, 'C' Bench, Chennai, for the Assessment years2003-04, 2005-06, 2006-07, 2007-08, by raising the followingsubstantial questions of law:- “1.Whether the Appellate Tribunal is correct inlaw to sustain the addition partly on the presumptionof sales suppression establishing perversity in theirfindings consequent to the misconstruction of thedetails scrutinized by the Respondent whileoverlooking the trade practice? 2.Whether the Appellate Tribunal is correct inlaw in confirming the estimation of lodging receiptswithout justifying the basis as well as withoutfurther establishing the reasonableness in makingsuch estimate for the purpose of making addition inthe computation of taxable total income? 3.Whether the Appellate Tribunal is correct insustaining the additions made by extrapolating thesurvey results to the earlier Assessment Years whichhappened to be the Assessment Years underconsideration even though there were no reasons forpresumption of such practice of suppression of salesas well as room rent and not backed by any materialsunearthed in the survey?” 2.When the matters were taken up for consideration, thelearned counsel appearing for the appellant / assessee submittedthat during the pendency of these tax case appeals, the assesseehas filed the requisite Forms 1 and 2 under Section 4 (1) ofthe Direct Tax Vivad Se Vishwas Act, 2020, which were acceptedand Form 3 was issued to the assessee on 02.11.2020 by theIncome Tax Department. The learned counsel has also filed a memoto that effect. 3.The aforesaid submission made by the learned counsel forthe appellant / assessee has also been fairly conceded by thelearned senior standing counsel appearing for the respondent /Revenue. 2.When the matters were taken up for consideration, thelearned counsel appearing for the appellant / assessee submittedthat during the pendency of these tax case appeals, the assesseehas filed the requisite Forms 1 and 2 under Section 4 (1) ofthe Direct Tax Vivad Se Vishwas Act, 2020, which were acceptedand Form 3 was issued to the assessee on 02.11.2020 by theIncome Tax Department. The learned counsel has also filed a memoto that effect. 3.The aforesaid submission made by the learned counsel forthe appellant / assessee has also been fairly conceded by thelearned senior standing counsel appearing for the respondent /Revenue. 4.This court heard the submissions made by the learnedcounsel on either side, as per which, the assessee has alreadyavailed the benefit conferred under the beneficial legislationviz., the Direct Tax Vivad Se Vishwas Act, 2020, enacted forresolution of disputed tax and for matters connected therewithor incidental thereto, which came into force with effect from17.03.2020; and the declarations submitted by them were alsoaccepted and Form 3 was also issued to the assessee by theIncome Tax Department. In view of such development, it isunnecessary for this court to decide the substantial questionsof law arisen in these tax case appeals. 5.Therefore, recording the submissions so made by thelearned counsel on either side, these appeals stand disposed of,directing the department to process the applications at theearliest in accordance with the Act and communicate the decisionto the assessee at the earliest. No costs. Consequently,connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS-V) //True Copy// Maya Sub Assistant Registrar To 1. The Income Tax Appellate Tribunal, Chennai “C” Bench 2. The Commissioner of Income Tax (Appeals – VI), Chennai – 34. 3. The Assistant Commissioner of Income Tax Business Circle II Chennai-600 034. +1cc to Mr.S.Sridhar, Advocate, S.R.No.58746 +2ccs to Mr.T.Ravikumar, Advocate, S.R.No.58314, 58315 SSD(CO)SU(05/01/2022)