Tca/270/2020 Of The Commissioner Of Income Tax v. Praveen Kumar Damayanthi

IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 17.12.2020CORAM THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAMandTHE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYANTax Case Appeal No.270 of 2020 The Commissioner of IncomeTax, Chennai ...Appellant APPEAL under Section 260A of the Income Tax Act, 1961against the order dated 04.9.2019 passed by the Income TaxAppellate Tribunal, Madras 'A'/SMC Bench, Chennai made inI.T.A.No.781/Chny/ 2019 for the assessment year 2015-16preferred against the Order of the Commissioner of Income Tax(Appeals)-5 chennai-34 dated 10.09.2018 made in ITA.No.406/CIT(A)-5/2017-2018 filed against the Assessment order of the IncomeTax Officer, Non-Corporate Ward 4(3) Chennai dated 30.12.2017for the Assessment year 2015-16. For Appellant: Mr.T.Ravikumar, SSCFor Respondent: Mr.Prithivi Chopda Judgment was delivered by T.S.SIVAGNANAM,JThis appeal has been filed by the Revenue under Section260A of the Income Tax Act, 1961 ('the Act' for brevity)challengingtheorderdated04.9.2019madeinI.T.A.No.781/Chny/2019 on the file of the Income Tax AppellateTribunal, Chennai, 'A'/SMC Bench ('the Tribunal' for brevity)for the assessment year 2015-16. 2. The appeal was admitted on 08.9.2020 on the followingsubstantial questions of law : “1. Whether on the facts and in thecircumstances of the case, the Tribunal wasright in setting aside the well reasonedorder passed by the Assessing Officer forre-examination,especiallywhentheassessing officer had considered all thematerial placed while passing the assessmentorder? 1/3 https://hcservices.ecourts.gov.in/hcservices/ 2. Whether on the facts and in thecircumstances of the case, the Tribunal wasright in remitting the issue back to thefile of the Assessing Officer by quoting thedecision in the case of Sunil Kumar Lalwaniand that Aashesh Kumar Lalwani wherein theonus has been shifted to the revenue with adirection that the Assessing Officer is tobring on record the role of the Assessee inpromoting the Company and the relation ofthe Assessee if any with that of thepromoters and role of inflating of pricesetc., which exercise had already been doneby the AO and the SEBI? and 3. Is not the finding of the Tribunalperverse especially when the decision of theTribunal is contrary to the time testedPrincipal that the person who assertsa fact has to discharge the initialburden cast upon him to show that the saidfacts are true and only thereafter theburden would shift to the department?” 3. We have heard Mr.T.Ravikumar, learned Senior StandingCounsel appearing for the appellant/Revenue and Mr.PrithiviChopda, learned counsel appearing for the respondent/assessee. 4. The learned counsel on behalf of the assessee submitsthat the assessee already filed the declaration/undertakingunder the Vivad Se Vishwas Scheme on 06.12.2020 and is awaitingorders to be passed in Form No.3. 5. In the light of the subsequent event, the CompetentAuthority shall process the application/declaration inaccordance with the Direct Tax Vivad Se Vishwas Act, 2020 (Act 3of 2020) and pass appropriate orders as expeditiously aspossible. The assessee is given liberty to restore this appealin the event the ultimate decision to be taken on thedeclaration filed by the assessee under Section 4 of the saidAct is not in favour of the assessee. If such a prayer is made,the Registry shall entertain the prayer without insisting uponany application to be filed for condonation of delay inrestoration of the appeal and on such request made by theassessee by filing a miscellaneous petition for restoration, theRegistry shall place such petition before the appropriateDivision Bench for orders. 6. The tax case appeal stands disposed of with theaforementioned liberty. Consequently, the substantial questionsof law framed are left open. No costs. 6. The tax case appeal stands disposed of with theaforementioned liberty. Consequently, the substantial questionsof law framed are left open. No costs. -s/d- Assistant Registrar True Copy Sub-Assistant RegistrarrsTo1.The RegistrarThe Income Tax Appellate Tribunal, 'A'/SMC Bench, Chennai.2.The Commissioner of Income tax(Appeals)-5Chennai-343.The Income Tax Officer,Non-Corporate Ward4(3)Chennai4.The Assistant RegistrarAppeal Examiner Main SectionHigh Court, Madras-104+1 cc to Mr.T.Ravikumar Advocate sr42462+1 cc to Mr.T.Pramod Kumar Chopda Advocate sr41643TCA.No.270 of 2020rsl(co)aa20/01/2021 3/3