Tax Case Appeal v. Asst. Commissioner Of Income Taxcentral Circle – I (2),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.527 of 2015 Smt.S.Kavithaa ... Appellant Vs. Asst. Commissioner of Income TaxCentral Circle – I (2),Chennai – 600 034. ... RespondentTax Case Appeal filed under Section 260A of the Income TaxAct, 1961 against the order of the Income Tax AppellateTribunal, Madras "A" Bench, dated 12.12.2013 passed inI.T.A.No.2282/Mds/2012. Against the order of the commissioner of Income Tax(Appeals) I Chennai 34 dated 10/09/2012 in ITA No.78/11-12 forthe assessment year 2009-10against the order of the Assistant Commissioner of IncomeTax, Central Circle-1(2), Chennai-34. Dated 30/06/2011 inPan.AACPK5957A/penalty/2009-2010. For Appellant : Mrs.S.Kavitha for M/s.J.Sree Vidhya For Respondent : Mr.T.R.Senthil Kumar Senior 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 12.12.2013 passed by the Income TaxAppellate Tribunal, Madras "A" Bench, ('the Tribunal' forbrevity) in I.T.A.No.2282/Mds/2012 for the assessment year2009-2010. The above appeal has been admitted on 23.07.2015 onthe following Substantial Questions of Law: https://hcservices.ecourts.gov.in/hcservices/ “i)Whether on the facts and in the circumstancesof the case, the Appellate Tribunal was right inrestoring penalty under Section 271AA when the swornstatements recorded clearly show that the income wasearned by the appellant's husband and invested in thename of the appellant?” ii)Whether on the facts and in the circumstancesof the case, the Tribunal is right in restoring thepenalty under Section 271AA, when the additions hadbeen made only on the basis of the offer made by theappellant's husband in good faith and to avoidlitigation and the tax has been paid in full?” 2. We have heard Mrs.S.Kavitha for M/s.J.Sree Vidhya,learned counsel for the appellant/assessee and Mr.T.R.SenthilKumar,learnedSeniorStandingCounselfortherespondent/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 10.12.2020 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 mkn To 1.The Income Tax Appellate Tribunal, Madras "A" BenchChennai.34Chennai.34 2.The Assistant Commissioner of Income Tax Central Circle – I (2), Chennai – 600 034. 3.The Commissioner of Income Tax Appeals IChennai.34 +1 cc to M/s.Senthil kumar,Advocate Sr.No. 11077+1 cc to M/s.Baskar, Advocate Sr.No. 10986 Tax Case Appeal No.527 of 2015 MG(CO)RMP(16/03/2021)