Tca/290/2019 Of The Tamilnadu Warehousing Corporation Ltd v. The Assistant Commissioner Of Income Tax

IN THE HIGH COURT OF JUDICATURE AT MADRAS CORAM THE HON'BLE MR.JUSTICE M.DURAISWAMYANDTHE HON'BLE MRS.JUSTICE R.HEMALATHA TAX CASE APPEAL NO.290 OF 2019 M/s.Tamil Nadu Warehousing Corporation Ltd.,No.82, Anna Salai,Guindy, Chennai – 600 032. ...Appellant The Assistant Commissioner of Income Tax,Corporate Circle – 3(1),New Block, 4[th] Floor, 121, M.G.Road,Nungambakkam, Chennai – 600 034. ... Respondent Tax Case Appeal filed under Section 260A of the Income TaxAct, 1961 against the order of the Income Tax AppellateTribunal, Madras "B" Bench, dated 04.01.2019 passed inI.T.A.No.306/Chny/2017 for the Assessment Year 2012-13. Against the Appellate Order by the Commissioner of IncomeTax (Appeals)-13, Chennai dated 29.11.2016 made inITA.No.46/A11/2012-13, for the Assessment year 2012-13 againstthe Assessment order dated 10.03.2015 by the AssistantCommissioner of Income Tax, Corporate Circle-3(1), Nungambakkam,Chennai-34 made in GIR.No/PAN. for the Assessment Year2012-13. This appeal filed by the assessee under Section 260A of theIncome Tax Act, 1961 ('the Act' for brevity), is directedagainst the order dated 04.01.2019 passed by the Income TaxAppellate Tribunal, Madras "B" Bench, ('the Tribunal' for https://hcservices.ecourts.gov.in/hcservices/ brevity) in I.T.A.No.306/Chny/2017 for the assessment year2012-13. The above appeal has been admitted on 17.06.2019 on thefollowing Substantial Questions of Law: "1.Whether, on the facts and circumstances ofthe case, the Income Tax Appellate Tribunal is rightin law in upholding disallowance of service tax,which were actualy paid in earlier years? And 2.Whether the Income Tax Appellate Tribunal isright in upholding the disallowance in spite ofnoticing the fact that it amounts to doubledisallowance, which is not what is intended by theprovisions of Section 43B of the Income Tax Act?” 2. We have heard Mr.G.Baskar, learned counsel for theappellant/assessee and Mrs.V.Pushpa, learned Standing Counselfor the respondent/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 15.04.2021 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. mkn Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ To 1. Income Tax Appellate Tribunal, Madras "B" Bench 2.The Assistant Commissioner of Income Tax,Corporate Circle – 3(1),Corporate Circle – 3(1), New Block, 4[th] Floor, 121, M.G. Road, Nungambakkam, Chennai – 600 034. 3.The Commissioner of Income Tax (Appeals)-13,Chennai.Chennai. +1cc to Mr.M.Swaminathan, Advocate, S.R.No.25237 +1cc to Mr.G.Baskar, Advocate, S.R.No.25462 Tax Case Appeal No.290 of 2019 RLD(CO)CS/22/06/2021CS/22/06/2021