Tax Case Appeal v. The Income Tax Officer, Non Corporate Ward – 3(1) Chennai – 600 034

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 23.02.2021 CORAM THE HON'BLE MR.JUSTICE M. DURAISWAMYANDTHE HON'BLE MRS.JUSTICE T.V. THAMILSELVI Tax Case Appeal No.781 of 2017 Smt.Ananthi Rabindran3/6, 13[th] Avenue,Harrington Road, Chetpet,Chennai – 600 031. ...Appellant PAN NO.ADY PA 0970EVs. The Income Tax Officer,Non Corporate Ward – 3(1)Chennai – 600 034. ... Respondent Tax Case Appeal filed under Section 260A of the IncomeTax Act, 1961 against the order of the Income Tax AppellateTribunal, Chennai "D" Bench, dated 22.12.2016 passed inI.T.A.No.1427/Mds/2015. Appeal filed the order of the Commissioner of Income Tax,(Appeals)-4,46,Mahatma Gandhi Road,Nungambakkam,Chennai 34dated 30.03.2015 ITA.NO.123/13-14 PAN NO.ADY PA 097OE for theAssessment Year 2008-2009. AndAppeal filed the order of the Income Tax Department ,VI,Floor,NewBlock,AayankarBhavan,121,MahatmaGandhiRoad,Nungambakkam,Chennai 34 dated 20.12.2013 PAN NO.ADY PA097OE/WARD CIRCLE/RANGE-Business Ward XI(1),status of theIndividual for the Assessment Year 2008-2009. For Appellant : Mr.M.Kaushik for Mr.S.Sridhar For Respondent : Mr.M.Swaminathan Senior Standing Counsel J U D G M E N T This appeal filed by the assessee under Section 260A ofthe Income Tax Act, 1961 ('the Act' for brevity), is directedagainst the order dated 22.12.2016 passed by the Income Taxhttps://hcservices.ecourts.gov.in/hcservices/Appellate Tribunal, Chennai "D" Bench, ('the Tribunal' for brevity) in I.T.A.No.1427/Mds/2015 for the assessment year2008-2009. The appeal was admitted on 30.01.2018 on thefollowing substantial question of law : “Whether the Appellate Tribunal erred in law inartificially imposing the condition of theavailability of source for irrigation, despite theclassification of the capital asset as agriculturallands in the revenue records, before testing thecorrectness of the claim of the assessee to taxexemption for the surplus generated from the sale ofthe said agricultural lands under Section 45 of theIncome Tax Act, 1961 read with Section 2(14)(iii) ofthe said Act?” 2. We have heard Mr.M.Kaushik for Mr.S.Sridhar, learnedcounsel for the appellant/ assessee and Mr.M.Swaminathan,learned Senior Standing Counsel for the respondent/Revenue. 3. It may not be necessary for this Court to decide theSubstantial Question of Law framed for consideration onaccount of certain subsequent developments. The Government ofIndia enacted the Direct Tax Vivad Se Vishwas Act, 2020 (Act 3of 2020) to provide for resolution of disputed tax and formatters connected therewith or incidental thereto. The Act ofthe Parliament received the assent of the President on 17[th]March 2020 and published in the Gazette of India on 17[th] March2020. 4. We are informed by the learned counsel for theappellant/ assessee that the assessee had already been issuedwith Form-3 on 22.12.2020 and the learned counsel for theappellant seeks permission of this Court to withdraw theappeal. 5. In view of the submission made by the learned counselfor the appellant/assessee, the Tax Case Appeal standsdismissed as withdrawn. No costs. Sd/- Assistant Registrar(CS VI) //True Copy// mknTo 1.The Income Tax Appellate Tribunal, Chennai "D" Bench https://hcservices.ecourts.gov.in/hcservices/ 2.The Income Tax Officer, Non Corporate Ward – 3(1) Chennai – 600 034. 3. The Commissioner of Income Tax,(Appeals)-4,46,MahatmaGandhi Road,Nungambakkam,Chennai 34. 4. The Income Tax Department ,VI,Floor,New Block,AayankarBhavan,121,Mahatma Gandhi Road,Nungambakkam,Chennai 34. +1cc to Mr.M.Swaminathan , Advocate SR.No. 10836+1cc to Mr.S.Sridhar, Advocate SR.No. 11084Tax Case Appeal No.781 of 2017A.SK(09.03.2021)