S.n.gowrirep By Power Of Attorneydr.s.r.ravi v. The Income Tax Officer,International Taxation – I,Chennai – 600 034

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24.02.2021 CORAM THE HON'BLE MR.JUSTICE M. DURAISWAMYANDTHE HON'BLE MRS.JUSTICE T.V. THAMILSELVI Tax Case Appeal No.119 of 2013 S.N.Gowrirep by Power of AttorneyDr.S.R.Ravi... Appellant(cause title accepted vide order dated 31.01.2012 made inM.P.No.1 of 2019 in T.C.A.(SR).No.97223 of 2008, Rev.Appl.No.211of 2011) Vs. The Income Tax Officer,International Taxation – I,Chennai – 600 034. ... Respondent Appeal filed under Section 260A of the Income Tax Act, 1961against the order of the Income Tax Appellate Tribunal, Madras"C" Bench, dated 27.06.2008 passed in I.T.A.No.2507/Mds/2007. Against the Order of the Income Tax Appellate Tribunal 'C'Bench Chennai-90 in ITA.No.2507/MDS/2007 in the Assessment year2004-2005. Againt the order of the Commissioner of Income Tax AppealXI Chennai dated 26.09.2007 Appeal No.CIT(A) XI/CHE/619/06-07 inthe assessment year 2004-2005. Against the order of the Income Tax Officer (InternationalTaxation)I Chennai dated 16.03.2007 PAN in theassessment year 2004-2005.Against the order of the Income Tax Officer(InternationTaxation)I Chennai dated 27.12.2006 PAN GIR No. in tehassessment year 2004-2005. For Appellant : Mr.V.S.JayakumarFor Respondent : Mr.Karthick Ranganathan, Senior Standing Counsel https://hcservices.ecourts.gov.in/hcservices/ 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 27.06.2008 passed by the Income TaxAppellate Tribunal, Madras “C” Bench, Chennai ('the Tribunal'for brevity) in I.T.A.No. 2507/Mds/2007 for the Assessment Year2004-05. 2.The above appeal was admitted on 08.04.2013 on thefollowing Substantial Question of Law for consideration: “1)Whether the Tribunal was right in holding thatthe exemption under Section 54F should be allowed forone flat only and not the entire constructed areagiven to the appellant by the builder for residentialpurposes in the same building?” 3. We have heard Mr.V.S.Jayakumar, learned counsel for theappellant/ assessee and Mr.Karthick Ranganathan, learned SeniorStanding Counsel for the respondent/ Revenue. 4. It may not be necessary for this Court to decide theSubstantial Question 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 has already filed the requisite Form- 1 on 26.12.2020 under Section 4 of the Act. 6. In the light of the fact that the assessee has alreadyavailed the benefit under the Act, no useful purpose would beserved in keeping this appeal pending. At the same time,safeguarding the interest of the assessee in the event the orderto be passed by the Department under the Act is not in favour ofthe assessee. Accordingly, the Tax Case Appeal stands disposedof on the ground that the assessee has already filed the https://hcservices.ecourts.gov.in/hcservices/ 5.We are informed by the learned counsel for the appellant/assessee that the assessee has already filed the requisite Form- 1 on 26.12.2020 under Section 4 of the Act. 6. In the light of the fact that the assessee has alreadyavailed the benefit under the Act, no useful purpose would beserved in keeping this appeal pending. At the same time,safeguarding the interest of the assessee in the event the orderto be passed by the Department under the Act is not in favour ofthe assessee. Accordingly, the Tax Case Appeal stands disposedof on the ground that the assessee has already filed the https://hcservices.ecourts.gov.in/hcservices/ requisite Forms – 1 and the Department shall process theapplication at the earliest in accordance with the said Act andcommunicate the decision to the assessee at the earliest. Asobserved, the assessee is given liberty to restore the appeal inthe event the ultimate decision to be taken on the Forms filedby the assessee under Section 4 of the said Act is not in favourof the assessee. If such a prayer is made, the Registry shallentertain the prayer without insisting upon any application tobe filed for condonation of delay in restoration of the appealand on such request made by the assessee by filing aMiscellaneous Petition for Restoration, the Registry shall placesuch petition before the Division Bench for orders. 7. With this observation, the Tax Case Appeal standsdisposed of with the aforementioned liberty and consequently,the Substantial Question of Law is left open. No costs. Sd/- Asst.Registrar (CS III ) /true copy/Sub Asst. Registrar va To 1.The Income Tax Appellate Tribunal, Madras "C" Bench Chennai 2.The Income Tax Officer,International Taxation – I,Chennai – 600 034. 3.The Commissioner of Income Tax Appeals-XI121 Mahatma Gandhi Road NungambakkamChennai 600 034 +1 cc to Mr.Jayakumar Advocate sr11081Tax Case Appeal No.119 of 2013 mg(co)aa17/03/2021