Tax Case Appeal v. Deputy Commissioner Of Income Tax,Business Circle X,Chennai

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 01.03.2021 CORAM THE HON'BLE MR.JUSTICE M. DURAISWAMYANDTHE HON'BLE MRS.JUSTICE T.V. THAMILSELVI Tax Case Appeal No.429 of 2012 Smt.Shekhar JeevaNo.60, Gandhi Street,Krishnamoorthy Nagar,Chennai. ... Appellant/Respondent Vs. Deputy Commissioner of Income Tax,Business Circle X,Chennai. ... Respondent/Appellant Tax Case Appeal filed under Section 260A of the Income TaxAct, 1961 against the order of the Income Tax AppellateTribunal, Madras “C” Bench, dated 11.05.2012 passed inI.T.A.No.1833/Mds/2008, against the order of the Commissioner ofIncome Tax (Appeals)-IV, Chennai No.121, Mahatma Gandhi Salai,Nungambakkam, Chennai-600 034 dated 20/06/2008 Appeal No.CIT(A)-IV/CHE/123/07-08 PAN for the Assessment Year2005-06 and against the order of the Assistant Commissioner ofIncome Tax, Circle -X, Chennai-600 006 dated 24/12/2007 PAN/GIRNo. District/Ward/Circle/ACIT, Circle X, Chennai-06,status Individual for the Assessment Year 2005-06. The appeal filed by the assessee under Section 260A of theIncome Tax Act, 1961 ('the Act' for brevity), is directedagainst the order, dated 11.05.2012, passed by the Income TaxAppellate Tribunal, Madras "C" Bench, Chennai ('the Tribunal'for brevity) in I.T.A.No.1833/Mds/2008 for the Assessment Year https://hcservices.ecourts.gov.in/hcservices/ 2005-06. The above appeal was admitted on 03.12.2012 on thefollowing Substantial Question of Law: “Whether on the facts and in the circumstances ofthe case, the Income Tax Appellate Tribunal was rightin confirming the addition of Rs.13,50,000/- madeunder Section 69 of the Income Tax Act even though thesource of investments is explained and the amountswere paid in full and explained?” 2. We have heard Mr.R.Sivaraman, learned counsel for theappellant/ assessee. 3. 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. 4. We are informed by the learned counsel for theappellant/assessee that the assessee has already filed therequisite Forms 1 & 2 on 24.02.2021 under Section 4 of the Act. 5. In the light of the fact that the assessee has alreadyavailed the benefit under the Act, no useful purpose would beserved in keeping the 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 therequisite Forms 1 & 2 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 declarationfiled by the assessee under Section 4 of the said Act is not infavour of the assessee. If such a prayer is made, the Registryshall entertain the prayer without insisting upon anyapplication to be filed for condonation of delay in restorationof the appeal and on such request made by the assessee by filinga Miscellaneous Petition for Restoration, the Registry shallplace such petition before the Division Bench for orders. 6. 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/- Assistant Registrar(CS VIII) 6. 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/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant RegistrarmknTo1.The Income Tax Appellate Tribunal, Madras “C” Bench. 2.The Deputy Commissioner of Income Tax, Business Circle X, Chennai.3.The Commissioner of Income Tax (Appeals)-IV, Chennai, 121, Mahatma Gandhi Salai, Nungambakkam, Chennai-600 034.4.The Assistant Commissioner of Income Tax Circle X, Chennai.Tax Case Appeal No.429 of 2012 ad[co]srg 18/03/2021