Shri R.yoogamoorthyno v. The Assistant Commissioner Of Income Tax,Central Circle – Iv

IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 31.03.2021 CORAMTHE HON'BLE MR.JUSTICE M. DURAISWAMYANDTHE HON'BLE MRS.JUSTICE T.V. THAMILSELVI Tax Case Appeal No.1093 of 2009 Shri R.YoogamoorthyNo.9, Mandirappa Street,New Siddhapudhur,Coimbatore – 641 044. ...Appellant Vs. The Assistant Commissioner of Income Tax,Central Circle – IV,No.67-A, Race Course Road,Coimbatore. ... Respondent Tax Case Appeal filed against the order of the Income TaxAppellate Tribunal, Chennai Bench 'A', dated 27/02/2009 in I.T.(SS)A.No.28/mds/2007 against the Commissioner of Income Tax(Appeals)-II, Coimbatore dated 30/11/2006 in I.T.AppealNo.370C/05-06 against the order passed by the AssistantCommissioner of Income Tax, Central Circle -IV, Coimbatore inPAN.No.AAJPY0909P dated 20/02/2006 in Assessment year 01/04/199to 23/01/2001. For Appellant : Mr.K.Magesh for M/s.G.RM.PalaniappanFor Respondent : Mr.T.R.Senthil Kumar Senior Standing Counsel and Mrs.K.G.Usha Rani 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 27.02.2009 passed by the Income TaxAppellate Tribunal, Madras "A" Bench, ('the Tribunal' forbrevity) in I.T.(SS)A No.28/Mds/2007 for the Block Periodending 23.01.2001. The above appeal has been admitted on27.10.2009 on the following Substantial Questions of Law: "1.Whether on the facts and in the circumstancesof the case, the Appellate Tribunal has failed to seethat the provisions do not provide for limitation for https://hcservices.ecourts.gov.in/hcservices/ initiation of proceedings under Section 158BD of theAct and thus ought to be initiated within areasonable period and thus the impugned proceedinginitiated after nearly 3 years from the date ofinspection of Mr.R.Vellingiri is barred by limitationand thus a nullity? 2.Whether on the facts and in the circumstancesof the case, the order of the Appellate Tribunalbased on mere conjecture, surmises and self-servingstatement thus stands vitiated? 3.Whether on the facts and in the circumstancesof the case, the order of the Tribunal is contrary tothe following rules of evidence? a) One cannot be required to be proved thenegative. b) The burden is on the person making theassertion. Suspicion cannot take the place of proofconcluding that the appellants had received Rs.13.00lakhs in cash apart from Rs.14.00 lakhs paid bycheque.” 2. We have heard Mr.K.Magesh for M/s.G.RM.Palaniappan,learned counsel for the appellant/assessee and Mr.T.R.SenthilKumar, learned Senior Standing Counsel and Mrs.K.G.Usha Rani,learned 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 03.03.2021 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 //True Copy// Sub Assistant Registrar To 1.The Income Tax Appellate Tribunal, Madras "A" Bench. Madras "A" Bench. 2.The Assistant Commissioner of Income Tax, Central Circle – IV, No.67-A, Race Course Road, Coimbatore. Central Circle – IV, No.67-A, Race Course Road, Coimbatore. 4. We are informed by the learned counsel for the appellant/assessee that the assessee had already been issued with Form-3on 03.03.2021 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 //True Copy// Sub Assistant Registrar To 1.The Income Tax Appellate Tribunal, Madras "A" Bench. Madras "A" Bench. 2.The Assistant Commissioner of Income Tax, Central Circle – IV, No.67-A, Race Course Road, Coimbatore. Central Circle – IV, No.67-A, Race Course Road, Coimbatore. 3.The Commissioner of Income Tax(Appeals)-II, Coimbatore. Coimbatore. +1cc to Mr.T.R.Senthilkumar, Senior Standing Counsel SR.NO..21066 +1cc to Mr.K.Magesh, Advocate SR.NO..20990 AKM/27.04.21/3P-6C/ Tax Case Appeal No.1093 of 200931.03.2021